100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB5861

 

Introduced , by Rep. Jay Hoffman

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Southern Illinois University Management Act. Abolishes the Board of Trustees of Southern Illinois University. Provides that that part of Southern Illinois University associated with the Carbondale campus (except the School of Medicine, School of Dental Medicine, School of Pharmacy, School of Nursing, and the East St. Louis Center and along with the School of Law) shall be known as Southern Illinois University at Carbondale and shall be under the governance and control of the Board of Trustees of Southern Illinois University at Carbondale. Provides that that part of Southern Illinois University associated with the Edwardsville campus (along with the School of Medicine, School of Dental Medicine, School of Pharmacy, School of Nursing, and the East St. Louis Center) shall be known as Southern Illinois University at Edwardsville and shall be under the governance and control of the Board of Trustees of Southern Illinois University at Edwardsville. Makes corresponding changes in various Acts. Effective July 1, 2018.


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FISCAL NOTE ACT MAY APPLY
PENSION IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB5861LRB100 21543 AXK 38472 b

1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Transportation Cooperation Act of 1971 is
5amended by changing Section 2 as follows:
 
6    (5 ILCS 225/2)  (from Ch. 111 2/3, par. 602)
7    Sec. 2. For the purposes of this Act:
8    (a) "Railroad passenger service" means any railroad
9passenger service within the State of Illinois, including the
10equipment and facilities used in connection therewith, with the
11exception of the basic system operated by the National Railroad
12Passenger Corporation pursuant to Title II and Section 403(a)
13of the Federal Rail Passenger Service Act of 1970.
14    (b) "Federal Railroad Corporation" means the National
15Railroad Passenger Corporation established pursuant to an Act
16of Congress known as the "Rail Passenger Service Act of 1970."
17    (c) "Transportation system" means any and all modes of
18public transportation within the State, including, but not
19limited to, transportation of persons or property by rapid
20transit, rail, bus, and aircraft, and all equipment, facilities
21and property, real and personal, used in connection therewith.
22    (d) "Carrier" means any corporation, authority,
23partnership, association, person or district authorized to

 

 

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1maintain a transportation system within the State with the
2exception of the Federal Railroad Corporation.
3    (e) "Units of local government" means cities, villages,
4incorporated towns, counties, municipalities, townships, and
5special districts, including any district created pursuant to
6the "Local Mass Transit District Act", approved July 21, 1959,
7as amended; any Authority created pursuant to the "Metropolitan
8Transit Authority Act", approved April 12, 1945, as amended;
9and, any authority, commission or other entity which by virtue
10of an interstate compact approved by Congress is authorized to
11provide mass transportation.
12    (f) "Universities" means all public institutions of higher
13education as defined in an "Act creating a Board of Higher
14Education, defining its powers and duties, making an
15appropriation therefor, and repealing an Act herein named",
16approved August 22, 1961, as amended, and all private
17institutions of higher education as defined in the Illinois
18Finance Authority Act.
19    (g) "Department" means the Illinois Department of
20Transportation, or such other department designated by law to
21perform the duties and functions of the Illinois Department of
22Transportation prior to January 1, 1972.
23    (h) "Association" means any Transportation Service
24Association created pursuant to Section 4 of this Act.
25    (i) "Contracting Parties" means any units of local
26government or universities which have associated and joined

 

 

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1together pursuant to Section 3 of this Act.
2    (j) "Governing authorities" means (1) the city council or
3similar legislative body of a city; (2) the board of trustees
4or similar body of a village or incorporated town; (3) the
5council of a municipality under the commission form of
6municipal government; (4) the board of trustees in a township;
7(5) the Board of Trustees of the University of Illinois, the
8Board of Trustees of Southern Illinois University at
9Carbondale, the Board of Trustees of Southern Illinois
10University at Edwardsville, the Board of Trustees of Chicago
11State University, the Board of Trustees of Eastern Illinois
12University, the Board of Trustees of Governors State
13University, the Board of Trustees of Illinois State University,
14the Board of Trustees of Northeastern Illinois University, the
15Board of Trustees of Northern Illinois University, the Board of
16Trustees of Western Illinois University, and the Illinois
17Community College Board; (6) the county board of a county; and
18(7) the trustees, commissioners, board members, or directors of
19a university, special district, authority or similar agency.
20(Source: P.A. 93-205, eff. 1-1-04.)
 
21    Section 10. The Official Bond Act is amended by changing
22Section 14.3 as follows:
 
23    (5 ILCS 260/14.3)  (from Ch. 103, par. 14.3)
24    Sec. 14.3. All departments, boards, bureaus, commissions,

 

 

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1authorities, or other units of State government, except the
2Board of Trustees of Chicago State University, the Board of
3Trustees of Eastern Illinois University, the Board of Trustees
4of Governors State University, the Board of Trustees of
5Illinois State University, the Board of Trustees of
6Northeastern Illinois University, the Board of Trustees of
7Northern Illinois University, the Board of Trustees of Western
8Illinois University, the Board of Trustees of the University of
9Illinois, and the Board of Trustees of Southern Illinois
10University at Carbondale, and the Board of Trustees of Southern
11Illinois University at Edwardsville, that bond officers or
12employees who are not required by law to obtain bonds to
13qualify for office or employment, shall effect such bonding
14through the Department of Central Management Services by
15inclusion in the blanket bond or bonds or self-insurance
16program provided for in Sections 14.1 and 14.2 of this Act.
17(Source: P.A. 89-4, eff. 1-1-96.)
 
18    Section 15. The Voluntary Payroll Deductions Act of 1983 is
19amended by changing Sections 4 and 5 as follows:
 
20    (5 ILCS 340/4)  (from Ch. 15, par. 504)
21    Sec. 4. Employee withholding. An employee may authorize
22the withholding of a portion of his or her salary or wages for
23contribution to a maximum number of 4 organizations described
24in paragraphs (b) and (c) of Section 3 of this Act. A

 

 

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1department, board, body, agency or commission may direct the
2State Comptroller to deduct, and the University of Illinois,
3Southern Illinois University at Carbondale, Southern Illinois
4University at Edwardsville, Chicago State University, Eastern
5Illinois University, Governors State University, Illinois
6State University, Northeastern Illinois University, Northern
7Illinois University, and Western Illinois University may
8deduct, upon written request of a State employee, for each
9regular payroll period, from the salary or wages of the
10employee the amount specified in the written request for
11payment to the organization designated by the employee. The
12moneys so deducted shall be paid over promptly to the
13organizations designated by the employee by means of warrants
14drawn by the State Comptroller, the University of Illinois,
15Southern Illinois University at Carbondale, Southern Illinois
16University at Edwardsville, Chicago State University, Eastern
17Illinois University, Governors State University, Illinois
18State University, Northeastern Illinois University, Northern
19Illinois University, and Western Illinois University, against
20the appropriation for personal services of the department,
21board, body, agency or commission by which such employee is
22employed.
23    Such deductions may be made notwithstanding that the
24compensation paid in cash to such employee is thereby reduced
25below the minimum prescribed by law. Payment to such employee
26of compensation less such deduction shall constitute a full and

 

 

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1complete discharge and acquittance of all claims and demands
2whatsoever for the services rendered by such employee during
3the period covered by such payment.
4    Such request for deduction may be withdrawn at any time by
5filing a written notification of withdrawal with the
6department, board, body, agency or commission, the University
7of Illinois, Southern Illinois University at Carbondale,
8Southern Illinois University at Edwardsville, Chicago State
9University, Eastern Illinois University, Governors State
10University, Illinois State University, Northeastern Illinois
11University, Northern Illinois University, or Western Illinois
12University, by which such employee is employed.
13(Source: P.A. 91-896, eff. 7-6-00.)
 
14    (5 ILCS 340/5)  (from Ch. 15, par. 505)
15    Sec. 5. Rules; Advisory Committee. The State Comptroller
16shall promulgate and issue reasonable rules and regulations as
17deemed necessary for the administration of this Act.
18    However, all solicitations of State employees for
19contributions at their workplace and all solicitations of State
20annuitants for contributions shall be in accordance with rules
21promulgated by the Governor or his or her designee or other
22agency as may be designated by the Governor. All solicitations
23of State annuitants for contributions shall also be in
24accordance with the rules promulgated by the applicable
25retirement system.

 

 

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1    The rules promulgated by the Governor or his or her
2designee or other agency as designated by the Governor shall
3include a Code of Campaign Conduct that all qualified
4organizations and United Funds shall subscribe to in writing,
5sanctions for violations of the Code of Campaign Conduct,
6provision for the handling of cash contributions, provision for
7an Advisory Committee, provisions for the allocation of
8expenses among the participating organizations, an
9organizational plan and structure whereby responsibilities are
10set forth for the appropriate State employees or State
11annuitants and the participating organizations, and any other
12matters that are necessary to accomplish the purposes of this
13Act.
14    The Governor or the Governor's designee shall promulgate
15rules to establish the composition and the duties of the
16Advisory Committee. The Governor or the Governor's designee
17shall make appointments to the Advisory Committee. The powers
18of the Advisory Committee shall include, at a minimum, the
19ability to impose the sanctions authorized by rule. Each State
20agency and each retirement system shall file an annual report
21that sets forth, for the prior calendar year, (i) the total
22amount of money contributed to each qualified organization and
23united fund through both payroll deductions and cash
24contributions, (ii) the number of employees or State annuitants
25who have contributed to each qualified organization and united
26fund, and (iii) any other information required by the rules.

 

 

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1The report shall not include the names of any contributing or
2non-contributing employees or State annuitants. The report
3shall be filed with the Advisory Committee no later than March
415. The report shall be available for inspection.
5    Other constitutional officers, retirement systems, the
6University of Illinois, Southern Illinois University at
7Carbondale, Southern Illinois University at Edwardsville,
8Chicago State University, Eastern Illinois University,
9Governors State University, Illinois State University,
10Northeastern Illinois University, Northern Illinois
11University, and Western Illinois University shall be governed
12by the rules promulgated pursuant to this Section, unless such
13entities adopt their own rules governing solicitation of
14contributions at the workplace.
15    All rules promulgated pursuant to this Section shall not
16discriminate against one or more qualified organizations or
17United Funds.
18(Source: P.A. 90-799, eff. 6-1-99; 91-896, eff. 7-6-00.)
 
19    Section 20. The State Salary and Annuity Withholding Act is
20amended by changing Section 2 as follows:
 
21    (5 ILCS 365/2)  (from Ch. 127, par. 352)
22    Sec. 2. Definitions. As used in this Act, unless the
23context otherwise requires:
24    "Office" means the State Comptroller, the Board of Trustees

 

 

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1of the State Universities Retirement System, or the Board of
2Trustees of any of the following institutions: the University
3of Illinois, Southern Illinois University at Carbondale,
4Southern Illinois University at Edwardsville, Chicago State
5University, Eastern Illinois University, Governors State
6University, Illinois State University, Northeastern Illinois
7University, Northern Illinois University, and Western Illinois
8University.
9    "Department" means any department, board, commission,
10institution, officer, court, or agency of State government,
11other than the University of Illinois, Southern Illinois
12University at Carbondale, Southern Illinois University at
13Edwardsville, Chicago State University, Eastern Illinois
14University, Governors State University, Illinois State
15University, Northeastern Illinois University, Northern
16Illinois University, and Western Illinois University,
17receiving State appropriations and having the power to certify
18payrolls to the Comptroller authorizing payments of salary or
19wages from appropriations from any State fund or from trust
20funds held by the State Treasurer; and the Board of Trustees of
21the General Assembly Retirement System, the Board of Trustees
22of the State Employees' Retirement System of Illinois, the
23Board of Trustees of the Teachers' Retirement System of the
24State of Illinois, and the Board of Trustees of the Judges
25Retirement System of Illinois created respectively by Articles
262, 14, 16, and 18 of the Illinois Pension Code.

 

 

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1    "Employee" means any regular officer or employee who
2receives salary or wages for personal service rendered to the
3State of Illinois and, for the purpose of deduction for the
4purchase of United States Savings Bonds, includes any State
5contractual employee.
6    "Annuitant" means a person receiving a retirement annuity
7or disability benefits under Article 2, 14, 15, 16, or 18 of
8the Illinois Pension Code.
9    "Annuity" means the retirement annuity or disability
10benefits received by an annuitant.
11(Source: P.A. 89-4, eff. 1-1-96; 90-14, eff. 7-1-97; 90-448,
12eff. 8-16-97.)
 
13    Section 25. The State Employment Records Act is amended by
14changing Section 10 as follows:
 
15    (5 ILCS 410/10)
16    Sec. 10. Definitions. As used in this Act:
17    (a) "Agency work force" means those persons employed by a
18State agency who are part of the State work force.
19    (b) "Contractual services employee" means a person
20employed by the State, or a State supported institution of
21higher education, under a written contract and paid by a State
22system CO-2 voucher (or its administrative equivalent) whose
23daily duties and responsibilities are directly or indirectly
24supervised or managed by a person paid by a payroll warrant (or

 

 

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1its administrative equivalent) funded by State funds or pass
2through funds.
3    (c) "Agency" or "State agency" means those entities
4included in the definition of "State agencies" in the Illinois
5State Auditing Act.
6    (d) "Minority" means a person who is any of the following:
7        (1) American Indian or Alaska Native (a person having
8    origins in any of the original peoples of North and South
9    America, including Central America, and who maintains
10    tribal affiliation or community attachment).
11        (2) Asian (a person having origins in any of the
12    original peoples of the Far East, Southeast Asia, or the
13    Indian subcontinent, including, but not limited to,
14    Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
15    the Philippine Islands, Thailand, and Vietnam).
16        (3) Black or African American (a person having origins
17    in any of the black racial groups of Africa). Terms such as
18    "Haitian" or "Negro" can be used in addition to "Black or
19    African American".
20        (4) Hispanic or Latino (a person of Cuban, Mexican,
21    Puerto Rican, South or Central American, or other Spanish
22    culture or origin, regardless of race).
23        (5) Native Hawaiian or Other Pacific Islander (a person
24    having origins in any of the original peoples of Hawaii,
25    Guam, Samoa, or other Pacific Islands).
26    (e) "Professional employee" means a person employed to

 

 

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1perform employment duties requiring academic training,
2evidenced by a graduate or advanced degree from an accredited
3institution of higher education, and who, in the performance of
4those employment duties, may only engage in active practice of
5the academic training received when licensed or certified by
6the State of Illinois.
7    (f) "State employee" means any person employed within the
8State work force.
9    (g) "State work force" means all persons employed by the
10State of Illinois as evidenced by:
11        (1) the total number of all payroll warrants (or their
12    administrative equivalent) issued by the Comptroller to
13    pay:
14            (i) persons subject to the Personnel Code; and
15            (ii) for the sole purpose of providing accurate
16        statistical information, all persons exempt from the
17        Personnel Code; and
18        (2) the total number of payroll warrants (or their
19    administrative equivalent) funded by State appropriation
20    which are issued by educational institutions governed by
21    the Board of Trustees of the University of Illinois, the
22    Board of Trustees of Southern Illinois University at
23    Carbondale, the Board of Trustees of Southern Illinois
24    University at Edwardsville, the Board of Trustees of
25    Chicago State University, the Board of Trustees of Eastern
26    Illinois University, the Board of Trustees of Governors

 

 

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1    State University, the Board of Trustees of Illinois State
2    University, the Board of Trustees of Northeastern Illinois
3    University, the Board of Trustees of Northern Illinois
4    University, and the Board of Trustees of Western Illinois
5    University the Board of Governors of State Colleges and
6    Universities, and the Board of Regents; and
7        (3) the total number of contractual payroll system CO-2
8    vouchers (or their administrative equivalent) funded by
9    State revenues and issued by:
10            (i) the State Comptroller; and
11            (ii) the issuing agents of the educational
12        institutions listed in subdivision (2) of this
13        subsection (g).
14"State work force" does not, however, include persons holding
15elective State office.
16(Source: P.A. 97-396, eff. 1-1-12.)
 
17    Section 30. The Illinois Governmental Ethics Act is amended
18by changing Section 4A-101 as follows:
 
19    (5 ILCS 420/4A-101)  (from Ch. 127, par. 604A-101)
20    Sec. 4A-101. Persons required to file. The following
21persons shall file verified written statements of economic
22interests, as provided in this Article:
23        (a) Members of the General Assembly and candidates for
24    nomination or election to the General Assembly.

 

 

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1        (b) Persons holding an elected office in the Executive
2    Branch of this State, and candidates for nomination or
3    election to these offices.
4        (c) Members of a Commission or Board created by the
5    Illinois Constitution, and candidates for nomination or
6    election to such Commission or Board.
7        (d) Persons whose appointment to office is subject to
8    confirmation by the Senate and persons appointed by the
9    Governor to any other position on a board or commission
10    described in subsection (a) of Section 15 of the
11    Gubernatorial Boards and Commissions Act.
12        (e) Holders of, and candidates for nomination or
13    election to, the office of judge or associate judge of the
14    Circuit Court and the office of judge of the Appellate or
15    Supreme Court.
16        (f) Persons who are employed by any branch, agency,
17    authority or board of the government of this State,
18    including but not limited to, the Illinois State Toll
19    Highway Authority, the Illinois Housing Development
20    Authority, the Illinois Community College Board, and
21    institutions under the jurisdiction of the Board of
22    Trustees of the University of Illinois, Board of Trustees
23    of Southern Illinois University at Carbondale, Board of
24    Trustees of Southern Illinois University at Edwardsville,
25    Board of Trustees of Chicago State University, Board of
26    Trustees of Eastern Illinois University, Board of Trustees

 

 

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1    of Governor's State University, Board of Trustees of
2    Illinois State University, Board of Trustees of
3    Northeastern Illinois University, Board of Trustees of
4    Northern Illinois University, Board of Trustees of Western
5    Illinois University, or Board of Trustees of the Illinois
6    Mathematics and Science Academy, and are compensated for
7    services as employees and not as independent contractors
8    and who:
9            (1) are, or function as, the head of a department,
10        commission, board, division, bureau, authority or
11        other administrative unit within the government of
12        this State, or who exercise similar authority within
13        the government of this State;
14            (2) have direct supervisory authority over, or
15        direct responsibility for the formulation,
16        negotiation, issuance or execution of contracts
17        entered into by the State in the amount of $5,000 or
18        more;
19            (3) have authority for the issuance or
20        promulgation of rules and regulations within areas
21        under the authority of the State;
22            (4) have authority for the approval of
23        professional licenses;
24            (5) have responsibility with respect to the
25        financial inspection of regulated nongovernmental
26        entities;

 

 

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1            (6) adjudicate, arbitrate, or decide any judicial
2        or administrative proceeding, or review the
3        adjudication, arbitration or decision of any judicial
4        or administrative proceeding within the authority of
5        the State;
6            (7) have supervisory responsibility for 20 or more
7        employees of the State;
8            (8) negotiate, assign, authorize, or grant naming
9        rights or sponsorship rights regarding any property or
10        asset of the State, whether real, personal, tangible,
11        or intangible; or
12            (9) have responsibility with respect to the
13        procurement of goods or services.
14        (g) Persons who are elected to office in a unit of
15    local government, and candidates for nomination or
16    election to that office, including regional
17    superintendents of school districts.
18        (h) Persons appointed to the governing board of a unit
19    of local government, or of a special district, and persons
20    appointed to a zoning board, or zoning board of appeals, or
21    to a regional, county, or municipal plan commission, or to
22    a board of review of any county, and persons appointed to
23    the Board of the Metropolitan Pier and Exposition Authority
24    and any Trustee appointed under Section 22 of the
25    Metropolitan Pier and Exposition Authority Act, and
26    persons appointed to a board or commission of a unit of

 

 

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1    local government who have authority to authorize the
2    expenditure of public funds. This subsection does not apply
3    to members of boards or commissions who function in an
4    advisory capacity.
5        (i) Persons who are employed by a unit of local
6    government and are compensated for services as employees
7    and not as independent contractors and who:
8            (1) are, or function as, the head of a department,
9        division, bureau, authority or other administrative
10        unit within the unit of local government, or who
11        exercise similar authority within the unit of local
12        government;
13            (2) have direct supervisory authority over, or
14        direct responsibility for the formulation,
15        negotiation, issuance or execution of contracts
16        entered into by the unit of local government in the
17        amount of $1,000 or greater;
18            (3) have authority to approve licenses and permits
19        by the unit of local government; this item does not
20        include employees who function in a ministerial
21        capacity;
22            (4) adjudicate, arbitrate, or decide any judicial
23        or administrative proceeding, or review the
24        adjudication, arbitration or decision of any judicial
25        or administrative proceeding within the authority of
26        the unit of local government;

 

 

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1            (5) have authority to issue or promulgate rules and
2        regulations within areas under the authority of the
3        unit of local government; or
4            (6) have supervisory responsibility for 20 or more
5        employees of the unit of local government.
6        (j) Persons on the Board of Trustees of the Illinois
7    Mathematics and Science Academy.
8        (k) Persons employed by a school district in positions
9    that require that person to hold an administrative or a
10    chief school business official endorsement.
11        (l) Special government agents. A "special government
12    agent" is a person who is directed, retained, designated,
13    appointed, or employed, with or without compensation, by or
14    on behalf of a statewide executive branch constitutional
15    officer to make an ex parte communication under Section
16    5-50 of the State Officials and Employees Ethics Act or
17    Section 5-165 of the Illinois Administrative Procedure
18    Act.
19        (m) Members of the board of commissioners of any flood
20    prevention district created under the Flood Prevention
21    District Act or the Beardstown Regional Flood Prevention
22    District Act.
23        (n) Members of the board of any retirement system or
24    investment board established under the Illinois Pension
25    Code, if not required to file under any other provision of
26    this Section.

 

 

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1        (o) Members of the board of any pension fund
2    established under the Illinois Pension Code, if not
3    required to file under any other provision of this Section.
4        (p) Members of the investment advisory panel created
5    under Section 20 of the Illinois Prepaid Tuition Act.
6    This Section shall not be construed to prevent any unit of
7local government from enacting financial disclosure
8requirements that mandate more information than required by
9this Act.
10(Source: P.A. 96-6, eff. 4-3-09; 96-543, eff. 8-17-09; 96-555,
11eff. 8-18-09; 96-1000, eff. 7-2-10; 97-309, eff. 8-11-11;
1297-754, eff. 7-6-12.)
 
13    Section 35. The State Comptroller Act is amended by
14changing Sections 13, 13.1, and 21 as follows:
 
15    (15 ILCS 405/13)  (from Ch. 15, par. 213)
16    Sec. 13. Payment of salaries of State employees - Schedule.
17The comptroller shall prepare a schedule showing the dates on
18which all employees of the State shall be paid. All employees
19shall be paid at least semi-monthly, except that employees of
20the University of Illinois, Chicago State University, Eastern
21Illinois University, Governors State University, Illinois
22State University, Northeastern Illinois University, Northern
23Illinois University, Western Illinois University, and Southern
24Illinois University at Carbondale, and Southern Illinois

 

 

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1University at Edwardsville who are not subject to the State
2Universities Civil Service System shall be paid at least once
3each month. No payment shall be made before the completion of
4the period for which the compensation is being paid, except
5that employees leaving the service of the State may be paid at
6the termination of their period of employment.
7    Such schedule shall be prepared showing such dates of
8payment so as to provide as far as is practical, an even flow
9of work for issuance of warrants in payment of personal
10services.
11    In making payments for a fractional part of a pay period,
12that part of the regular compensation for the period shall be
13paid represented by a fraction, the numerator being the number
14of days worked and the denominator being the number of work
15days in the period. However, in making payments for a
16fractional part of a pay period for positions subject to the
17jurisdiction of the Department of Central Management Services,
18that part of the regular compensation shall be paid by
19deducting an amount determined by multiplying the number of
20work days without pay by the applicable daily rate as defined
21within the Department of Central Management Services Pay Plan.
22    In employments of a teaching or professional nature in
23connection with the educational, charitable, penal or
24reformatory institutions, where the compensation of an
25employee is based upon an annual salary, a teaching or
26professional year may be substituted for a calendar year in

 

 

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1determining the pay schedule.
2(Source: P.A. 89-4, eff. 1-1-96.)
 
3    (15 ILCS 405/13.1)  (from Ch. 15, par. 213.1)
4    Sec. 13.1. Compliance with State Employment Records Act.
5The Comptroller, for the purpose of facilitating an accurate
6compilation of the entire State work force as defined and
7required by the State Employment Records Act, shall report, on
8a fiscal year basis, the total number of payroll warrants drawn
9for the payment of salaries for State employees, including
10contractual payroll system CO-2 vouchers (or their
11administrative equivalent) or any other information necessary
12to comply with that Act. The State Employment Records (SER)
13report shall be maintained and kept on file as public
14information within the Office of the Comptroller.
15    The total number of payroll warrants drawn by the Board of
16Trustees of the University of Illinois, the Board of Trustees
17of Southern Illinois University at Carbondale, the Board of
18Trustees of Southern Illinois University at Edwardsville, the
19Board of Trustees of Chicago State University, the Board of
20Trustees of Eastern Illinois University, the Board of Trustees
21of Governors State University, the Board of Trustees of
22Illinois State University, the Board of Trustees of
23Northeastern Illinois University, the Board of Trustees of
24Northern Illinois University, the Board of Trustees of Western
25Illinois University, the Board of Governors of State Colleges

 

 

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1and Universities, the Board of Regents and all educational
2institutions governed by those boards to be paid from funds
3retained in their own treasuries shall be filed with the Office
4of the Secretary of State by the respective boards and
5educational institutions in the same manner.
6    Multiple payroll warrants issued to the same person shall
7be noted with multiple warrants counted and reported as one
8payroll warrant count for the purposes of the State Employment
9Records Act. The total State remuneration to persons paid by
10multiple payroll warrants or, if applicable, contractual
11payroll system CO-2 vouchers, or both, shall be reported
12separately by agency.
13(Source: P.A. 87-1211.)
 
14    (15 ILCS 405/21)  (from Ch. 15, par. 221)
15    Sec. 21. Rules and Regulations - Imprest accounts. The
16Comptroller shall promulgate rules and regulations to
17implement the exercise of his or her powers and performance of
18his or her duties under this Act and to guide and assist State
19agencies in complying with this Act. Any rule or regulation
20specifically requiring the approval of the State Treasurer
21under this Act for adoption by the Comptroller shall require
22the approval of the State Treasurer for modification or repeal.
23    The Comptroller may provide in his or her rules and
24regulations for periodic transfers, with the approval of the
25State Treasurer, for use in accordance with the imprest system,

 

 

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1subject to the rules and regulations of the Comptroller as
2respects vouchers, controls and reports, as follows:
3        (a) To the University of Illinois, Southern Illinois
4    University at Carbondale, Southern Illinois University at
5    Edwardsville, Chicago State University, Eastern Illinois
6    University, Governors State University, Illinois State
7    University, Northeastern Illinois University, Northern
8    Illinois University, Western Illinois University, and
9    State Community College of East St. Louis under the
10    jurisdiction of the Illinois Community College Board
11    (abolished under Section 2-12.1 of the Public Community
12    College Act), not to exceed $200,000 for each campus.
13        (b) To the Department of Agriculture and the Department
14    of Commerce and Economic Opportunity for the operation and
15    closing of overseas offices, not to exceed $500,000 for
16    each Department for each overseas office.
17        (c) To the Department of Agriculture for the purpose of
18    making change for activities at each State Fair, not to
19    exceed $200,000, to be returned within 5 days of the
20    termination of such activity.
21        (d) To the Department of Agriculture to pay (i) State
22    Fair premiums and awards and State Fair entertainment
23    contracts at each State Fair, and (ii) ticket refunds for
24    cancelled events. The amount transferred from any fund
25    shall not exceed the appropriation for each specific
26    purpose. This authorization shall terminate each year

 

 

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1    within 60 days of the close of each State Fair. The
2    Department shall be responsible for withholding State
3    income tax, where necessary, as required by Section 709 of
4    the Illinois Income Tax Act.
5        (e) To the State Treasurer to pay for securities'
6    safekeeping charges assessed by the Board of Governors of
7    the Federal Reserve System as a consequence of the
8    Treasurer's use of the government securities' book-entry
9    system. This account shall not exceed $25,000.
10        (f) To the Illinois Mathematics and Science Academy,
11    not to exceed $100,000.
12        (g) To the Department of Natural Resources to pay out
13    cash prizes associated with competitions held at the World
14    Shooting and Recreational Complex, to purchase awards
15    associated with competitions held at the World Shooting and
16    Recreational Complex, to pay State and national membership
17    dues associated with competitions held at the World
18    Shooting and Recreational Complex, and to pay State and
19    national membership target fees associated with
20    competitions held at the World Shooting and Recreational
21    Complex. The amount of funds advanced to the account
22    created by this subsection (g) must not exceed $250,000 in
23    any fiscal year.
24(Source: P.A. 96-785, eff. 8-28-09; 96-1118, eff. 7-20-10;
2597-72, eff. 7-1-11; 97-333, eff. 8-12-11.)
 

 

 

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1    Section 40. The Civil Administrative Code of Illinois is
2amended by changing Section 5-525 as follows:
 
3    (20 ILCS 5/5-525)  (was 20 ILCS 5/6.01)
4    Sec. 5-525. In the Department of Agriculture.
5    (a) (Blank).
6    (b) An Advisory Board of Livestock Commissioners to consist
7of 25 persons. The Board shall consist of the administrator of
8animal disease programs, the Dean of the College of
9Agricultural, Consumer, and Environmental Sciences of the
10University of Illinois, the Dean of the College of Veterinary
11Medicine of the University of Illinois, and, commencing on
12January 1, 1990, the Deans or Chairmen of the Colleges or
13Departments of Agriculture of Illinois State University,
14Southern Illinois University at Carbondale, and Western
15Illinois University in that order who shall each serve for 1
16year terms, provided that, commencing on January 1, 1993, such
17terms shall be for 2 years in the same order, the Director of
18Public Health, the Director of Natural Resources, the
19Chairperson of the Agriculture and Conservation Committee of
20the Senate, and the Chairperson of the Agriculture &
21Conservation Committee of the House of Representatives, who
22shall be ex-officio members of the Board, and 17 additional
23persons, appointed by the Governor to serve at the Governor's
24pleasure, who are interested in the well-being of domestic
25animals and poultry and in the prevention, elimination, and

 

 

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1control of diseases affecting them. Of the 17 additional
2persons, one shall be a representative of breeders of beef
3cattle, one shall be a representative of breeders of dairy
4cattle, one shall be a representative of breeders of dual
5purpose cattle, one shall be a representative of breeders of
6swine, one shall be a representative of poultry breeders, one
7shall be a representative of sheep breeders, one shall be a
8veterinarian licensed in this State, one shall be a
9representative of general or diversified farming, one shall be
10a representative of deer or elk breeders, one shall be a
11representative of livestock auction markets, one shall be a
12representative of cattle feeders, one shall be a representative
13of pork producers, one shall be a representative of the State
14licensed meat packers, one shall be a representative of canine
15breeders, one shall be a representative of equine breeders, one
16shall be a representative of the Illinois licensed renderers,
17and one shall be a representative of livestock dealers. An
18appointed member's office becomes vacant upon the member's
19absence from 3 consecutive meetings. Appointments made by the
20Governor after the effective date of this amendatory Act of the
2196th General Assembly shall be for a term of 5 years. The
22members of the Board shall receive no compensation but shall be
23reimbursed for expenses necessarily incurred in the
24performance of their duties. In the appointment of the Advisory
25Board of Livestock Commissioners, the Governor shall consult
26with representative persons and recognized organizations in

 

 

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1the respective fields concerning the appointments.
2    Rules and regulations of the Department of Agriculture
3pertaining to the well-being of domestic animals and poultry
4and the prevention, elimination, and control of diseases
5affecting them shall be submitted to the Advisory Board of
6Livestock Commissioners for approval at its duly called
7meeting. The chairperson of the Board shall certify the
8official minutes of the Board's action and shall file the
9certified minutes with the Department of Agriculture within 30
10days after the proposed rules and regulations are submitted and
11before they are promulgated and made effective. In the event it
12is deemed desirable, the Board may hold hearings upon the rules
13and regulations or proposed revisions. The Board members shall
14be familiar with the Acts relating to the well-being of
15domestic animals and poultry and to the prevention,
16elimination, and control of diseases affecting them. The
17Department shall, upon the request of a Board member, advise
18the Board concerning the administration of the respective Acts.
19    The Director of Agriculture or his or her representative
20from the Department shall act as chairperson of the Board. The
21Director shall call semiannual meetings of the Board and may
22call other meetings of the Board from time to time or when
23requested by 3 or more appointed members of the Board. A quorum
24of appointed members must be present to convene an official
25meeting. The chairperson and ex-officio members shall not be
26included in a quorum call. Ex-officio members may be

 

 

HB5861- 28 -LRB100 21543 AXK 38472 b

1represented by a duly authorized representative from their
2department, division, college, or committee; however, that
3representative may not exercise the voting privileges of the
4ex-officio member. Appointed members shall not be represented
5at a meeting by another person. Ex-officio members and
6appointed members shall have the right to vote on all proposed
7rules and regulations; voting that in effect would pertain to
8approving rules and regulations shall be taken by an oral roll
9call. No member shall vote by proxy. The chairman shall not
10vote except in the case of a tie vote. Any ex-officio or
11appointed member may ask for and shall receive an oral roll
12call on any motion before the Board. The Department shall
13provide a clerk to take minutes of the meetings and record
14transactions of the Board. The Board, by oral roll call, may
15require an official court reporter to record the minutes of the
16meetings.
17(Source: P.A. 96-1025, eff. 7-12-10.)
 
18    Section 45. The Personnel Code is amended by changing
19Section 4c as follows:
 
20    (20 ILCS 415/4c)  (from Ch. 127, par. 63b104c)
21    Sec. 4c. General exemptions. The following positions in
22State service shall be exempt from jurisdictions A, B, and C,
23unless the jurisdictions shall be extended as provided in this
24Act:

 

 

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1        (1) All officers elected by the people.
2        (2) All positions under the Lieutenant Governor,
3    Secretary of State, State Treasurer, State Comptroller,
4    State Board of Education, Clerk of the Supreme Court,
5    Attorney General, and State Board of Elections.
6        (3) Judges, and officers and employees of the courts,
7    and notaries public.
8        (4) All officers and employees of the Illinois General
9    Assembly, all employees of legislative commissions, all
10    officers and employees of the Illinois Legislative
11    Reference Bureau, the Legislative Research Unit, and the
12    Legislative Printing Unit.
13        (5) All positions in the Illinois National Guard and
14    Illinois State Guard, paid from federal funds or positions
15    in the State Military Service filled by enlistment and paid
16    from State funds.
17        (6) All employees of the Governor at the executive
18    mansion and on his immediate personal staff.
19        (7) Directors of Departments, the Adjutant General,
20    the Assistant Adjutant General, the Director of the
21    Illinois Emergency Management Agency, members of boards
22    and commissions, and all other positions appointed by the
23    Governor by and with the consent of the Senate.
24        (8) The presidents, other principal administrative
25    officers, and teaching, research and extension faculties
26    of Chicago State University, Eastern Illinois University,

 

 

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1    Governors State University, Illinois State University,
2    Northeastern Illinois University, Northern Illinois
3    University, Western Illinois University, the Illinois
4    Community College Board, Southern Illinois University at
5    Carbondale, Southern Illinois University at Edwardsville,
6    the Illinois Board of Higher Education, the University of
7    Illinois, the State Universities Civil Service System,
8    University Retirement System of Illinois, and the
9    administrative officers and scientific and technical staff
10    of the Illinois State Museum.
11        (9) All other employees, except the presidents, other
12    principal administrative officers, and teaching, research
13    and extension faculties of the universities under the
14    jurisdiction of the Board of Regents and the colleges and
15    universities under the jurisdiction of the Board of
16    Governors of State Colleges and Universities, Illinois
17    Community College Board, Southern Illinois University at
18    Carbondale, Southern Illinois University at Edwardsville,
19    the Illinois Board of Higher Education, Chicago State
20    University, Eastern Illinois University, Governors State
21    University, Illinois State University, Northeastern
22    Illinois University, Northern Illinois University, Western
23    Illinois University Board of Governors of State Colleges
24    and Universities, the Board of Regents, the University of
25    Illinois, the State Universities Civil Service System, and
26    the University Retirement System of Illinois, so long as

 

 

HB5861- 31 -LRB100 21543 AXK 38472 b

1    these are subject to the provisions of the State
2    Universities Civil Service Act.
3        (10) The State Police so long as they are subject to
4    the merit provisions of the State Police Act.
5        (11) (Blank).
6        (12) The technical and engineering staffs of the
7    Department of Transportation, the Department of Nuclear
8    Safety, the Pollution Control Board, and the Illinois
9    Commerce Commission, and the technical and engineering
10    staff providing architectural and engineering services in
11    the Department of Central Management Services.
12        (13) All employees of the Illinois State Toll Highway
13    Authority.
14        (14) The Secretary of the Illinois Workers'
15    Compensation Commission.
16        (15) All persons who are appointed or employed by the
17    Director of Insurance under authority of Section 202 of the
18    Illinois Insurance Code to assist the Director of Insurance
19    in discharging his responsibilities relating to the
20    rehabilitation, liquidation, conservation, and dissolution
21    of companies that are subject to the jurisdiction of the
22    Illinois Insurance Code.
23        (16) All employees of the St. Louis Metropolitan Area
24    Airport Authority.
25        (17) All investment officers employed by the Illinois
26    State Board of Investment.

 

 

HB5861- 32 -LRB100 21543 AXK 38472 b

1        (18) Employees of the Illinois Young Adult
2    Conservation Corps program, administered by the Illinois
3    Department of Natural Resources, authorized grantee under
4    Title VIII of the Comprehensive Employment and Training Act
5    of 1973, 29 USC 993.
6        (19) Seasonal employees of the Department of
7    Agriculture for the operation of the Illinois State Fair
8    and the DuQuoin State Fair, no one person receiving more
9    than 29 days of such employment in any calendar year.
10        (20) All "temporary" employees hired under the
11    Department of Natural Resources' Illinois Conservation
12    Service, a youth employment program that hires young people
13    to work in State parks for a period of one year or less.
14        (21) All hearing officers of the Human Rights
15    Commission.
16        (22) All employees of the Illinois Mathematics and
17    Science Academy.
18        (23) All employees of the Kankakee River Valley Area
19    Airport Authority.
20        (24) The commissioners and employees of the Executive
21    Ethics Commission.
22        (25) The Executive Inspectors General, including
23    special Executive Inspectors General, and employees of
24    each Office of an Executive Inspector General.
25        (26) The commissioners and employees of the
26    Legislative Ethics Commission.

 

 

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1        (27) The Legislative Inspector General, including
2    special Legislative Inspectors General, and employees of
3    the Office of the Legislative Inspector General.
4        (28) The Auditor General's Inspector General and
5    employees of the Office of the Auditor General's Inspector
6    General.
7        (29) All employees of the Illinois Power Agency.
8        (30) Employees having demonstrable, defined advanced
9    skills in accounting, financial reporting, or technical
10    expertise who are employed within executive branch
11    agencies and whose duties are directly related to the
12    submission to the Office of the Comptroller of financial
13    information for the publication of the Comprehensive
14    Annual Financial Report (CAFR).
15        (31) All employees of the Illinois Sentencing Policy
16    Advisory Council.
17(Source: P.A. 97-618, eff. 10-26-11; 97-1055, eff. 8-23-12;
1898-65, eff. 7-15-13.)
 
19    Section 50. The Forms Notice Act is amended by changing
20Section 4 as follows:
 
21    (20 ILCS 435/4)  (from Ch. 127, par. 1404)
22    Sec. 4. Definition; State agency.
23    As used in this Act the term "state agency" means and
24includes all boards, commissions, agencies, institutions,

 

 

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1authorities, bodies politic and corporate of the State created
2by or pursuant to the constitution or statute, of the executive
3branch of State government; However, such term does not include
4colleges, universities and institutions under the jurisdiction
5of the Board of Trustees of the University of Illinois, the
6Board of Trustees of Southern Illinois University at
7Carbondale, the Board of Trustees of Southern Illinois
8University at Edwardsville, the Board of Trustees of Chicago
9State University, the Board of Trustees of Eastern Illinois
10University, the Board of Trustees of Governors State
11University, the Board of Trustees of Illinois State University,
12the Board of Trustees of Northeastern Illinois University, the
13Board of Trustees of Northern Illinois University, the Board of
14Trustees of Western Illinois University, the Board of Higher
15Education, or the Illinois Community College Board.
16(Source: P.A. 89-4, eff. 1-1-96; 90-156, eff. 7-23-97; 90-372,
17eff. 7-1-98.)
 
18    Section 55. The Department of Commerce and Community
19Affairs Law of the Civil Administrative Code of Illinois is
20amended by changing Section 605-355 as follows:
 
21    (20 ILCS 605/605-355)  (was 20 ILCS 605/46.19a in part)
22    Sec. 605-355. Grants for research and development in high
23technology and service sectors.
24    (a) The Department is authorized to establish a program of

 

 

HB5861- 35 -LRB100 21543 AXK 38472 b

1grants to universities, community colleges, research
2institutions, research consortiums, other not-for-profit
3entities, and Illinois businesses for the purpose of fostering
4research and development in the high technology and the service
5sector leading to the development of new products and services
6that can be marketed by Illinois businesses. All grant awards
7shall include a contract that may provide for payment of
8negotiated royalties to the Department if the product or
9service to be developed by the grantee is subsequently licensed
10for production.
11    (b) Grants may be awarded to universities and research
12institutions to assist them in making their faculties and
13facilities available to Illinois businesses. The grants may be
14used by a university or research institution for purposes
15including but not limited to the following: (i) to establish or
16enhance computerized cataloging of all research labs and
17university staff and make those catalogues available to
18Illinois businesses; (ii) to market products developed by the
19university to Illinois businesses; (iii) to review
20publications in order to identify, catalog, and inform Illinois
21businesses of new practices in areas such as robotics and
22biotechnology; (iv) to build an on-line, information and
23technology system that relies on other computerized networks in
24the United States; and (v) to assist in securing temporary
25replacement for faculty who are granted a leave of absence from
26their teaching duties for the purpose of working full-time for

 

 

HB5861- 36 -LRB100 21543 AXK 38472 b

1an Illinois business to assist that business with technology
2transfer.
3    (c) Grants may be awarded to universities and research
4institutions, research consortiums, and other not-for-profit
5entities for the purpose of identifying and supporting Illinois
6businesses engaged in high technology and service sector
7enterprises. The Illinois businesses identified and funded
8shall include recipients of Small Business Innovation Research
9Program funds under subsections (e) through (k) of Section 9 of
10the Small Business Act (15 U.S.C. 638, subsections (e) through
11(k)). Entities receiving grants under this subsection (c) shall
12be known as commercialization centers and shall engage in one
13or more of the following activities:
14        (1) Directing research assistance for new venture
15    creations.
16        (2) General feasibility studies of new venture ideas.
17        (3) Furthering the technical and intellectual skills
18    of the managers and owners of Illinois small businesses.
19        (4) Commercialization of technology and research.
20        (5) Development of prototypes and testing new
21    products.
22        (6) Identifying and assisting in securing financing.
23        (7) Marketing assistance.
24        (8) Assisting Illinois inventors in finding Illinois
25    manufacturers to produce and market their inventions.
26    A commercialization center may charge a nominal fee or

 

 

HB5861- 37 -LRB100 21543 AXK 38472 b

1accept royalty agreements for conducting feasibility studies
2and other services.
3    (d) Grants may be awarded by the Department to Illinois
4businesses to fund research and consultation arrangements
5between businesses and universities, community colleges,
6research institutions, research consortiums, and other
7not-for-profit entities within this State.
8    The Department shall give priority to Illinois small
9businesses in awarding grants. Each grant awarded under this
10subsection (d) shall provide funding for up to 50% of the cost
11of the research or consultation arrangements, not to exceed
12$100,000; provided that the grant recipient utilizes Illinois
13not for profit research and academic institutions to perform
14the research and development function for which grant funds
15were requested.
16    (e) Grants may be awarded to research consortiums and other
17qualified applicants, in conjunction with private sector or
18federal funding, for other creative systems that bridge
19university resources and business, technological, production,
20and development concerns.
21    (f) For the purposes of this Section:
22    "High technology" means any area of research or development
23designed to foster greater knowledge or understanding in fields
24such as computer science, electronics, physics, chemistry, or
25biology for the purpose of producing designing, developing, or
26improving prototypes and new processes.

 

 

HB5861- 38 -LRB100 21543 AXK 38472 b

1    "Illinois business" means a "small business concern" as
2defined in 15 U.S.C. 632 that conducts its business primarily
3in Illinois.
4    "Illinois research institutions" refers to not-for-profit
5entities, which include federally funded research
6laboratories, that conduct research and development activities
7for the purpose of producing, designing, developing, or
8improving prototypes and new processes.
9    "Other not-for-profit entities" means nonprofit
10organizations based in Illinois that are primarily devoted to
11new enterprise or product development.
12    "Private sector" has the meaning ascribed to it in 29
13U.S.C. 1503.
14    "University" means either a degree granting institution
15located in Illinois as defined in Section 2 of the Academic
16Degree Act, or a State-supported institution of higher learning
17administered by the Board of Trustees of the University of
18Illinois, the Board of Trustees of Southern Illinois University
19at Carbondale, the Board of Trustees of Southern Illinois
20University at Edwardsville, the Board of Trustees of Chicago
21State University, the Board of Trustees of Eastern Illinois
22University, the Board of Trustees of Governors State
23University, the Board of Trustees of Illinois State University,
24the Board of Trustees of Northeastern Illinois University, the
25Board of Trustees of Northern Illinois University, the Board of
26Trustees of Western Illinois University, or the Illinois

 

 

HB5861- 39 -LRB100 21543 AXK 38472 b

1Community College Board.
2    "Venture" means any Illinois business engaged in research
3and development to create new products or services with high
4growth potential.
5    (g) The Department may establish a program of grant
6assistance on a matching basis to universities, community
7colleges, small business development centers, community action
8agencies and other not-for-profit economic development
9agencies to encourage new enterprise development and new
10business formation and to encourage enterprises in this State.
11The Department may provide grants, which shall be exempt from
12the provisions of Section 35-360, to universities, community
13colleges, small business development centers, community action
14agencies, and other not-for-profit economic development
15entities for the purpose of making loans to small businesses.
16All grant applications shall contain information as required by
17the Department, including the following: a program operation
18plan; a certification and assurance that the small business
19applicants have received business development training or
20education, have a business and finance plan, and have
21experience in the proposed business area; and a description of
22the support services that the grant recipient will provide to
23the small business. No more than 10% of the grant may be used
24by the grant recipient for administrative costs associated with
25the grant. Grant recipients may use grant funds under this
26program to make loans on terms and conditions favorable to the

 

 

HB5861- 40 -LRB100 21543 AXK 38472 b

1small business and shall give priority to those businesses
2located in high poverty areas, enterprise zones, or both.
3(Source: P.A. 90-454, eff. 8-16-97; 91-239, eff. 1-1-00.)
 
4    Section 60. The Capital Development Board Act is amended by
5changing Section 12 as follows:
 
6    (20 ILCS 3105/12)  (from Ch. 127, par. 782)
7    Sec. 12. Nothing in this Act shall be construed to include
8the power to abrogate those powers vested in the boards of the
9local public community college districts and the Illinois
10Community College Board by the Public Community College Act,
11the Board of Trustees of the University of Illinois, the Board
12of Trustees of Southern Illinois University at Carbondale, the
13Board of Trustees of Southern Illinois University at
14Edwardsville, the Board of Trustees of Chicago State
15University, the Board of Trustees of Eastern Illinois
16University, the Board of Trustees of Governors State
17University, the Board of Trustees of Illinois State University,
18the Board of Trustees of Northeastern Illinois University, the
19Board of Trustees of Northern Illinois University, and the
20Board of Trustees of Western Illinois University, hereinafter
21referred to as Governing Boards. In the exercise of the powers
22conferred by law upon the Board and in the exercise of the
23powers vested in such Governing Boards, it is hereby provided
24that (i) the Board and any such Governing Board may contract

 

 

HB5861- 41 -LRB100 21543 AXK 38472 b

1with each other and other parties as to the design and
2construction of any project to be constructed for or upon the
3property of such Governing Board or any institution under its
4jurisdiction; (ii) in connection with any such project,
5compliance with the provisions of the Illinois Purchasing Act
6by either the Board or such Governing Board shall be deemed to
7be compliance by the other; (iii) funds appropriated to any
8such Governing Board may be expended for any project
9constructed by the Board for such Governing Board; (iv) in
10connection with any such project the architects and engineers
11retained for the project and the plans and specifications for
12the project must be approved by both the Governing Board and
13the Board before undertaking either design or construction of
14the project, as the case may be.
15(Source: P.A. 89-4, eff. 1-1-96.)
 
16    Section 65. The Building Authority Act is amended by
17changing Sections 3, 4, 5, and 9 as follows:
 
18    (20 ILCS 3110/3)  (from Ch. 127, par. 213.3)
19    Sec. 3. Duties. The Authority shall make thorough and
20continuous studies and investigations of the following
21building needs of the State of Illinois as they may from time
22to time develop:
23    (a) Office structures, recreational facilities, fixed
24equipment of any kind, electric, gas, steam, water and sewer

 

 

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1utilities, motor parking facilities, hospitals, penitentiaries
2and facilities of every kind and character, other than movable
3equipment, considered by the Authority necessary or convenient
4for the efficient operation of any unit which is used by any
5officer, department, board, commission or other agency of the
6State.
7    (b) Buildings and other facilities intended for use as
8classrooms, laboratories, libraries, student residence halls,
9instructional and administrative facilities for students,
10faculty, officers, and employees, and motor vehicle parking
11facilities and fixed equipment for any institution or unit
12under the control of the Board of Trustees of the University of
13Illinois, the Board of Trustees of Southern Illinois University
14at Carbondale, the Board of Trustees of Southern Illinois
15University at Edwardsville, the Board of Trustees of Chicago
16State University, the Board of Trustees of Eastern Illinois
17University, the Board of Trustees of Governors State
18University, the Board of Trustees of Illinois State University,
19the Board of Trustees of Northeastern Illinois University, the
20Board of Trustees of Northern Illinois University, the Board of
21Trustees of Western Illinois University, the School Building
22Commission or any public community college district board.
23    (c) School sites, buildings and fixed equipment to meet the
24needs of school districts unable to provide such facilities
25because of lack of funds and constitutional bond limitations,
26whenever any General Assembly has declared the acquisition of

 

 

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1sites, construction of buildings and installation of fixed
2equipment for such school districts to be in the public
3interest, and allocations of said declarations shall be made as
4provided in Section 5 of this Act.
5    Whenever the General Assembly declares by law that it is in
6the public interest for the Authority to acquire any real
7estate, construct, complete and remodel buildings, and install
8fixed equipment in buildings and other facilities for public
9community college districts, the amount of any declaration to
10be allocated to any public community college district shall be
11determined by the Illinois Community College Board, unless
12otherwise provided by law.
13(Source: P.A. 94-1105, eff. 6-1-07.)
 
14    (20 ILCS 3110/4)  (from Ch. 127, par. 213.4)
15    Sec. 4. Any department, board, commission, agency or
16officer of this State or the Board of Trustees of the
17University of Illinois, the Board of Trustees of Southern
18Illinois University at Carbondale, the Board of Trustees of
19Southern Illinois University at Edwardsville, the Board of
20Trustees of Chicago State University, the Board of Trustees of
21Eastern Illinois University, the Board of Trustees of Governors
22State University, the Board of Trustees of Illinois State
23University, the Board of Trustees of Northeastern Illinois
24University, the Board of Trustees of Northern Illinois
25University, the Board of Trustees of Western Illinois

 

 

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1University, or any public community college district board may
2transfer jurisdiction of or title to any property under its or
3his control to the Authority when such transfer is approved in
4writing by the Governor as being advantageous to the State.
5(Source: P.A. 94-1105, eff. 6-1-07.)
 
6    (20 ILCS 3110/5)  (from Ch. 127, par. 213.5)
7    Sec. 5. Powers. To accomplish projects of the kind listed
8in Section 3 above, the Authority shall possess the following
9powers:
10    (a) Acquire by purchase or otherwise (including the power
11of condemnation in the manner provided for the exercise of the
12right of eminent domain under the Eminent Domain Act),
13construct, complete, remodel and install fixed equipment in any
14and all buildings and other facilities as the General Assembly
15by law declares to be in the public interest.
16    Whenever the General Assembly has by law declared it to be
17in the public interest for the Authority to acquire any real
18estate, construct, complete, remodel and install fixed
19equipment in buildings and other facilities for public
20community college districts, the Director of the Department of
21Central Management Services shall, when requested by any such
22public community college district board, enter into a lease by
23and on behalf of and for the use of such public community
24college district board to the extent appropriations have been
25made by the General Assembly to pay the rents under the terms

 

 

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1of such lease.
2    In the course of such activities, acquire property of any
3and every kind and description, whether real, personal or
4mixed, by gift, purchase or otherwise. It may also acquire real
5estate of the State of Illinois controlled by any officer,
6department, board, commission, or other agency of the State, or
7the Board of Trustees of the University of Illinois, the Board
8of Trustees of Southern Illinois University at Carbondale, the
9Board of Trustees of Southern Illinois University at
10Edwardsville, the Board of Trustees of Chicago State
11University, the Board of Trustees of Eastern Illinois
12University, the Board of Trustees of Governors State
13University, the Board of Trustees of Illinois State University,
14the Board of Trustees of Northeastern Illinois University, the
15Board of Trustees of Northern Illinois University, the Board of
16Trustees of Western Illinois University, or any public
17community college district board, the jurisdiction of which is
18transferred by such officer, department, board, commission, or
19other agency or the Board of Trustees of Southern Illinois
20University at Carbondale, the Board of Trustees of Southern
21Illinois University at Edwardsville, the Board of Trustees of
22Chicago State University, the Board of Trustees of Eastern
23Illinois University, the Board of Trustees of Governors State
24University, the Board of Trustees of Illinois State University,
25the Board of Trustees of Northeastern Illinois University, the
26Board of Trustees of Northern Illinois University, the Board of

 

 

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1Trustees of Western Illinois University, or any public
2community college district board to the Authority. The Board of
3Trustees of the University of Illinois, the Board of Trustees
4of Southern Illinois University at Carbondale, the Board of
5Trustees of Southern Illinois University at Edwardsville, the
6Board of Trustees of Chicago State University, the Board of
7Trustees of Eastern Illinois University, the Board of Trustees
8of Governors State University, the Board of Trustees of
9Illinois State University, the Board of Trustees of
10Northeastern Illinois University, the Board of Trustees of
11Northern Illinois University, the Board of Trustees of Western
12Illinois University, and any public community college district
13board, respectively, shall prepare plans and specifications
14for and have supervision over any project to be undertaken by
15the Authority for their use. Before any other particular
16construction is undertaken, plans and specifications shall be
17approved by the lessee provided for under (b) below, except as
18indicated above.
19    (b) Execute leases of facilities and sites to, and charge
20for the use of any such facilities and sites by, any officer,
21department, board, commission or other agency of the State of
22Illinois, or the Director of the Department of Central
23Management Services when the Director is requested to, by and
24on behalf of, or for the use of, any officer, department,
25board, commission or other agency of the State of Illinois, or
26by the Board of Trustees of the University of Illinois, the

 

 

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1Board of Trustees of Southern Illinois University at
2Carbondale, the Board of Trustees of Southern Illinois
3University at Edwardsville, the Board of Trustees of Chicago
4State University, the Board of Trustees of Eastern Illinois
5University, the Board of Trustees of Governors State
6University, the Board of Trustees of Illinois State University,
7the Board of Trustees of Northeastern Illinois University, the
8Board of Trustees of Northern Illinois University, the Board of
9Trustees of Western Illinois University, or any public
10community college district board. Such leases may be entered
11into contemporaneously with any financing to be done by the
12Authority and payments under the terms of the lease shall begin
13at any time after execution of any such lease.
14    (c) In the event of non-payment of rents reserved in such
15leases, maintain and operate such facilities and sites or
16execute leases thereof to others for any suitable purposes.
17Such leases to the officers, departments, boards, commissions,
18other agencies, the respective Boards of Trustees, or any
19public community college district board shall contain the
20provision that rents under such leases shall be payable solely
21from appropriations to be made by the General Assembly for the
22payment of such rent and any revenues derived from the
23operation of the leased premises.
24    (d) Borrow money and issue and sell bonds in such amount or
25amounts as the Authority may determine for the purpose of
26acquiring, constructing, completing or remodeling, or putting

 

 

HB5861- 48 -LRB100 21543 AXK 38472 b

1fixed equipment in any such facility; refund and refinance the
2same from time to time as often as advantageous and in the
3public interest to do so; and pledge any and all income of such
4Authority, and any revenues derived from such facilities, or
5any combination thereof, to secure the payment of such bonds
6and to redeem such bonds. All such bonds are subject to the
7provisions of Section 6 of this Act.
8    In addition to the permanent financing authorized by
9Sections 5 and 6 of this Act, the Illinois Building Authority
10may borrow money and issue interim notes in evidence thereof
11for any of the projects, or to perform any of the duties
12authorized under this Act, and in addition may borrow money and
13issue interim notes for planning, architectural and
14engineering, acquisition of land, and purchase of fixed
15equipment as follows:
16        1. Whenever the Authority considers it advisable and in
17    the interests of the Authority to borrow funds temporarily
18    for any of the purposes enumerated in this Section, the
19    Authority may from time to time, and pursuant to
20    appropriate resolution, issue interim notes to evidence
21    such borrowings including funds for the payment of interest
22    on such borrowings and funds for all necessary and
23    incidental expenses in connection with any of the purposes
24    provided for by this Section and this Act until the date of
25    the permanent financing. Any resolution authorizing the
26    issuance of such notes shall describe the project to be

 

 

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1    undertaken and shall specify the principal amount, rate of
2    interest (not exceeding the maximum rate authorized by the
3    Bond Authorization Act, as amended at the time of the
4    making of the contract,) and maturity date, but not to
5    exceed 5 years from date of issue, and such other terms as
6    may be specified in such resolution; however, time of
7    payment of any such notes may be extended for a period of
8    not exceeding 3 years from the maturity date thereof.
9        The Authority may provide for the registration of the
10    notes in the name of the owner either as to principal
11    alone, or as to both principal and interest, on such terms
12    and conditions as the Authority may determine by the
13    resolution authorizing their issue. The notes shall be
14    issued from time to time by the Authority as funds are
15    borrowed, in the manner the Authority may determine.
16    Interest on the notes may be made payable semiannually,
17    annually or at maturity. The notes may be made redeemable,
18    prior to maturity, at the option of the Authority, in the
19    manner and upon the terms fixed by the resolution
20    authorizing their issuance. The notes may be executed in
21    the name of the Authority by the Chairman of the Authority
22    or by any other officer or officers of the Authority as the
23    Authority by resolution may direct, shall be attested by
24    the Secretary or such other officer or officers of the
25    Authority as the Authority may by resolution direct, and be
26    sealed with the Authority's corporate seal. All such notes

 

 

HB5861- 50 -LRB100 21543 AXK 38472 b

1    and the interest thereon may be secured by a pledge of any
2    income and revenue derived by the Authority from the
3    project to be undertaken with the proceeds of the notes and
4    shall be payable solely from such income and revenue and
5    from the proceeds to be derived from the sale of any
6    revenue bonds for permanent financing authorized to be
7    issued under Sections 5 and 6 of this Act, and from the
8    property acquired with the proceeds of the notes.
9        Contemporaneously with the issue of revenue bonds as
10    provided by this Act, all interim notes, even though they
11    may not then have matured, shall be paid, both principal
12    and interest to date of payment, from the funds derived
13    from the sale of revenue bonds for the permanent financing
14    and such interim notes shall be surrendered and canceled.
15        2. The Authority, in order further to secure the
16    payment of the interim notes, is, in addition to the
17    foregoing, authorized and empowered to make any other or
18    additional covenants, terms and conditions not
19    inconsistent with the provisions of subparagraph (a) of
20    this Section, and do any and all acts and things as may be
21    necessary or convenient or desirable in order to secure
22    payment of its interim notes, or in the discretion of the
23    Authority, as will tend to make the interim notes more
24    acceptable to lenders, notwithstanding that the covenants,
25    acts or things may not be enumerated herein; however,
26    nothing contained in this subparagraph shall authorize the

 

 

HB5861- 51 -LRB100 21543 AXK 38472 b

1    Authority to secure the payment of the interim notes out of
2    property or facilities, other than the facilities acquired
3    with the proceeds of the interim notes, and any net income
4    and revenue derived from the facilities and the proceeds of
5    revenue bonds as hereinabove provided.
6    (e) Convey property, without charge, to the State or to the
7appropriate corporate agency of the State or to any public
8community college district board if and when all debts which
9have been secured by the income from such property have been
10paid.
11    (f) Enter into contracts regarding any matter connected
12with any corporate purpose within the objects and purposes of
13this Act.
14    (g) Employ agents and employees necessary to carry out the
15duties and purposes of the Authority.
16    (h) Adopt all necessary by-laws, rules and regulations for
17the conduct of the business and affairs of the Authority, and
18for the management and use of facilities and sites acquired
19under the powers granted by this Act.
20    (i) Have and use a common seal and alter the same at
21pleasure.
22    The Interim notes shall constitute State debt of the State
23of Illinois within the meaning of any of the provisions of the
24Constitution and statutes of the State of Illinois.
25    No member, officer, agent or employee of the Authority, nor
26any other person who executes interim notes, shall be liable

 

 

HB5861- 52 -LRB100 21543 AXK 38472 b

1personally by reason of the issuance thereof.
2    With respect to instruments for the payment of money issued
3under this Section either before, on, or after the effective
4date of this amendatory Act of 1989, it is and always has been
5the intention of the General Assembly (i) that the Omnibus Bond
6Acts are and always have been supplementary grants of power to
7issue instruments in accordance with the Omnibus Bond Acts,
8regardless of any provision of this Act that may appear to be
9or to have been more restrictive than those Acts, (ii) that the
10provisions of this Section are not a limitation on the
11supplementary authority granted by the Omnibus Bond Acts, and
12(iii) that instruments issued under this Section within the
13supplementary authority granted by the Omnibus Bond Acts are
14not invalid because of any provision of this Act that may
15appear to be or to have been more restrictive than those Acts.
16(Source: P.A. 94-1055, eff. 1-1-07; 94-1105, eff. 6-1-07;
1795-876, eff. 8-21-08.)
 
18    (20 ILCS 3110/9)  (from Ch. 127, par. 213.9)
19    Sec. 9. Limitation on disbursements. The Authority shall
20keep account of the gross total income derived from each
21separate project or any combination thereof undertaken
22pursuant to this Act. Disbursements from a given account in The
23Public Building Fund shall be ordered by the Authority only for
24the payment of (1) the principal of and interest on the bonds
25issued for each project, or combination thereof, and (2) any

 

 

HB5861- 53 -LRB100 21543 AXK 38472 b

1other purposes set forth in the resolution authorizing the
2issuance of such bonds.
3    An accurate record shall be kept of the rental payments
4under each lease entered into by the Authority and any officer,
5department, board, commission or other agency of the State of
6Illinois, the Director of the Department of Central Management
7Services, the Board of Trustees of the University of Illinois,
8the Board of Trustees of Southern Illinois University at
9Carbondale, the Board of Trustees of Southern Illinois
10University at Edwardsville, the Board of Trustees of Chicago
11State University, the Board of Trustees of Eastern Illinois
12University, the Board of Trustees of Governors State
13University, the Board of Trustees of Illinois State University,
14the Board of Trustees of Northeastern Illinois University, the
15Board of Trustees of Northern Illinois University, the Board of
16Trustees of Western Illinois University, or any public
17community college district board, and when the rentals
18applicable to each project or facility, or any combination
19thereof, constructed, completed, remodeled, maintained and
20equipped, have been paid in (1) amounts sufficient to amortize
21and pay the principal of and interest upon the total principal
22amount of bonds of the Authority issued to pay the cost of each
23project or facility, including maintenance and operation
24expenses and that proportion of the administrative expense of
25the Authority as provided for by each lease, or (2) amounts
26which when invested in direct obligations of the United States

 

 

HB5861- 54 -LRB100 21543 AXK 38472 b

1of America are, together with earnings thereon, sufficient to
2amortize and pay the principal of and interest upon the total
3principal amount of bonds of the Authority issued to pay the
4cost of each project or facility, including maintenance and
5operation expenses and that proportion of the administrative
6expense of the Authority as provided for by each lease, the
7property shall be conveyed without charge to the lessee.
8(Source: P.A. 94-1105, eff. 6-1-07.)
 
9    Section 70. The David A. Wirsing Food Animal Institute Act
10is amended by changing Section 15 as follows:
 
11    (20 ILCS 3931/15)
12    Sec. 15. Governing board. The Institute is governed by a
13board of 15 voting members who are appointed by the Governor
14and who must ensure unbiased information. Five of the
15Governor's appointees must represent food animal production.
16Five of the Governor's appointees must represent allied
17agribusiness aspects of the food animal industry. Five of the
18Governor's appointees must represent other, non-agribusiness
19aspects of the food animal industry.
20    The board must also include, as non-voting members, the
21dean or department chairperson or his or her designated
22representative of the following institutions: the University
23of Illinois College of ACES, the University of Illinois College
24of Veterinary Medicine, the Southern Illinois University at

 

 

HB5861- 55 -LRB100 21543 AXK 38472 b

1Carbondale College of Agriculture, the Western Illinois
2University Agriculture Department, and the Illinois State
3University Agriculture Department.
4(Source: P.A. 93-883, eff. 8-6-04.)
 
5    Section 75. The State Finance Act is amended by changing
6Sections 6a-1, 6a-2, 6a-3, 10, 12-1, 13.2, and 13.5 and by
7adding Section 6a-1h as follows:
 
8    (30 ILCS 105/6a-1)  (from Ch. 127, par. 142a1)
9    Sec. 6a-1. Southern Illinois University at Carbondale;
10retention of income.
11    (1) Beginning on the effective date of this amendatory Act
12of 1996, The following items of income received by the Southern
13Illinois University at Carbondale for general operational and
14educational purposes shall be retained by the University in its
15own treasury and credited to an account known as the University
16Income Fund that it shall establish in its treasury for
17purposes of this paragraph: (a) tuition and laboratory fees not
18pledged to discharge obligations arising out of the issuance of
19revenue bonds, library fees, and all interest which may be
20earned thereon; and (b) excess income from auxiliary
21enterprises and activities as provided in paragraph (2) of this
22Section, and all other income arising out of any activity or
23purpose not specified in paragraph (2) of this Section or in
24Sections 6a-2 or 6a-3 upon receipt of the same without any

 

 

HB5861- 56 -LRB100 21543 AXK 38472 b

1deduction whatever. Such items of income shall be deposited
2into a college or university bank account within the time
3period established for like amounts in Section 2 of the State
4Officers and Employees Money Disposition Act. Within 10 days
5after the effective date of this amendatory Act of 1996, all
6moneys then remaining in the Southern Illinois University
7Income Fund heretofore established as a special fund in the
8State Treasury that were covered and paid into that fund by the
9University shall be repaid to the University upon the warrant
10of the State Comptroller, directed to the State Treasurer as an
11order to pay the sum required to be repaid under this paragraph
12and shown as due on the warrant. The University shall deposit
13the amount so repaid to it in a college or university bank
14account within the time period established for like amounts in
15Section 2 of the State Officers and Employees Money Disposition
16Act, to be credited to the University Income Fund established
17by the University in its own treasury for purposes of this
18paragraph. All moneys from time to time held in the University
19Income Fund in the treasury of the University shall be used by
20the University, pursuant to the order and direction of the
21Board of Trustees of the University, for the support and
22improvement of the University, except for amounts disbursed
23from that University Income Fund for refunds to students for
24whom duplicate payment has been made and to students who have
25withdrawn after registration and who are entitled to such
26refunds.

 

 

HB5861- 57 -LRB100 21543 AXK 38472 b

1    (2) The following items of income shall be retained by the
2University in its own treasury: endowment funds, gifts, trust
3funds, and Federal aid; funds received in connection with
4contracts with governmental, public, or private agencies or
5persons, for research or services including funds which are
6paid as reimbursement to the University; funds received in
7connection with reserves authorized by Section 8a of the
8Southern Illinois University Management Act; funds received in
9connection with its operation of medical research and high
10technology parks and with the retention, receipt, assignment,
11license, sale or transfer of interests in, rights to, or income
12from discoveries, inventions, patents, or copyrightable works;
13funds retained by the University under the authority of
14Sections 6a-2 and 6a-3; and funds received from the operation
15of student or staff residence facilities, student and staff
16medical and health programs, Union buildings, bookstores,
17farms, stores, and other auxiliary enterprises or activities
18which are self-supporting in whole or in part. Any income
19derived from such auxiliary enterprises or activities which is
20not necessary to their support, maintenance, or development
21shall not, however, be applied to any general operational or
22educational purposes but shall be retained by the University in
23its own treasury and credited to the University Income Fund
24that it shall establish in its treasury as provided in
25paragraph (1) of this Section.
26    Whenever such funds retained by the University in its own

 

 

HB5861- 58 -LRB100 21543 AXK 38472 b

1treasury are deposited with a bank or savings and loan
2association and the amount of the deposit exceeds the amount of
3federal deposit insurance coverage, a bond or pledged
4securities shall be obtained. Only the types of securities
5which the State Treasurer may, in his discretion, accept for
6amounts not insured by the Federal Deposit Insurance
7Corporation or the Federal Savings and Loan Insurance
8Corporation under Section 11 of the Deposit of State Moneys
9Act, may be accepted as pledged securities. The market value of
10the bond or pledged securities shall at all times be equal to
11or greater than the uninsured portion of the deposit.
12    The Auditor General shall audit or cause to be audited the
13above items of income and all other income and expenditures of
14such institution.
15(Source: P.A. 89-602, eff. 8-2-96.)
 
16    (30 ILCS 105/6a-1h new)
17    Sec. 6a-1h. Southern Illinois University at Edwardsville;
18retention of income.
19    (a) The following items of income received by Southern
20Illinois University at Edwardsville for general operational
21and educational purposes shall be retained by the University in
22its own treasury and credited to an account known as the
23University Income Fund that it shall establish in its treasury
24for purposes of this subsection (a): (1) tuition and laboratory
25fees not pledged to discharge obligations arising out of the

 

 

HB5861- 59 -LRB100 21543 AXK 38472 b

1issuance of revenue bonds, library fees, and all interest that
2may be earned thereon; and (2) excess income from auxiliary
3enterprises and activities as provided in subsection (b) of
4this Section and all other income arising out of any activity
5or purpose not specified in subsection (b) of this Section or
6in Sections 6a-2 or 6a-3 upon receipt of the same without any
7deduction whatever. Such items of income shall be deposited
8into a college or university bank account within the time
9period established for like amounts in Section 2 of the State
10Officers and Employees Money Disposition Act. All moneys from
11time to time held in the University Income Fund in the treasury
12of the University shall be used by the University, pursuant to
13the order and direction of the Board of Trustees of the
14University, for the support and improvement of the University,
15except for amounts disbursed from that University Income Fund
16for refunds to students for whom duplicate payment has been
17made and to students who have withdrawn after registration and
18who are entitled to such refunds.
19    (b) The following items of income shall be retained by the
20University in its own treasury: endowment funds, gifts, trust
21funds, and Federal aid; funds received in connection with
22contracts with governmental, public, or private agencies or
23persons for research or services, including funds that are paid
24as reimbursement to the University; funds received in
25connection with reserves authorized by Section 8a of the
26Southern Illinois University Management Act; funds received in

 

 

HB5861- 60 -LRB100 21543 AXK 38472 b

1connection with its operation of medical research and high
2technology parks and with the retention, receipt, assignment,
3license, sale, or transfer of interests in, rights to, or
4income from discoveries, inventions, patents, or copyrightable
5works; funds retained by the University under the authority of
6Sections 6a-2 and 6a-3; and funds received from the operation
7of student or staff residence facilities, student and staff
8medical and health programs, Union buildings, bookstores,
9farms, stores, and other auxiliary enterprises or activities
10that are self-supporting in whole or in part. Any income
11derived from such auxiliary enterprises or activities that is
12not necessary to their support, maintenance, or development
13shall not, however, be applied to any general operational or
14educational purposes but shall be retained by the University in
15its own treasury and credited to the University Income Fund
16that it shall establish in its treasury as provided in
17subsection (a) of this Section.
18    Whenever such funds retained by the University in its own
19treasury are deposited with a bank or savings and loan
20association and the amount of the deposit exceeds the amount of
21federal deposit insurance coverage, a bond or pledged
22securities shall be obtained. Only the types of securities that
23the State Treasurer may, in his or her discretion, accept for
24amounts not insured by the Federal Deposit Insurance
25Corporation or the Federal Savings and Loan Insurance
26Corporation under Section 11 of the Deposit of State Moneys Act

 

 

HB5861- 61 -LRB100 21543 AXK 38472 b

1may be accepted as pledged securities. The market value of the
2bond or pledged securities shall at all times be equal to or
3greater than the uninsured portion of the deposit.
4    The Auditor General shall audit or cause to be audited the
5above items of income and all other income and expenditures of
6such institution.
 
7    (30 ILCS 105/6a-2)  (from Ch. 127, par. 142a2)
8    Sec. 6a-2. Retention of certain funds by universities; use
9of funds; audit.
10    (a) Each University listed in Section Sections 6a, or 6a-1,
11or 6a-1h may retain in its treasury any funds derived from
12rentals, service charges and laboratory and building service
13charges or other sources, assessed or obtained for or arising
14out of the operation of any building or buildings or structure
15or structures and pledged to discharge obligations created in
16order to complete or operate such building or structure, or for
17the payment of revenue bonds issued under "An Act to authorize
18The Board of Trustees of Southern Illinois University to
19acquire, build, purchase, or otherwise construct, equip,
20complete, remodel, operate, control, and manage student
21residence halls, dormitories, dining halls, student union
22buildings, field houses, stadiums and other revenue-producing
23buildings, including sites therefor, for the Southern Illinois
24University, defining the duties of The Board of Trustees of
25Southern Illinois University with respect to operation and

 

 

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1maintenance thereof, charging rates or fees for the use
2thereof, and providing for and authorizing the issuance of
3bonds for the purpose of defraying the cost of construction,
4acquisition or equipment of any such building or buildings
5payable from the revenues derived from the operation thereof,
6or, when authorized by The Board of Trustees, payable from such
7revenues as supplemented by University income authorized by law
8to be retained in the University treasury and applied to such
9purpose, and for the refunding of any such bonds, and
10authorizing investment in such bonds", approved June 30, 1949,
11as amended, or issued under the "Board of Governors of State
12Colleges and Universities Revenue Bond Act", approved May 8,
131947, as amended, as the case may be; and, to be disbursed from
14time to time pursuant to the order and direction of the Board
15of Trustees of Southern Illinois University at Carbondale, the
16Board of Trustees of Southern Illinois University at
17Edwardsville, or the Board of Governors of State Colleges and
18Universities, and in accordance with any contracts, pledges,
19trusts or agreements heretofore or hereafter made by the Board
20of Trustees or Board of Governors of State Colleges and
21Universities.
22    (b) The Board of Trustees of Southern Illinois University
23at Carbondale and the Board of Trustees of Southern Illinois
24University at Edwardsville may also retain in their treasuries
25its treasury, out of student fees and tuition, such sums
26annually as each the Board determines are necessary to

 

 

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1supplement revenue derived from any building or buildings
2constructed or acquired after July 1, 1957, or to supplement
3revenues derived from any building or buildings having bonds
4outstanding thereon which are refunded under the provisions of
5"An Act to authorize The Board of Trustees of Southern Illinois
6University to acquire, build, purchase, or otherwise
7construct, equip, complete, remodel, operate, control, and
8manage student residence halls, dormitories, dining halls,
9student union buildings, field houses, stadiums, and other
10revenue-producing buildings, including sites therefor, for the
11Southern Illinois University, defining the duties of The Board
12of Trustees of Southern Illinois University with respect to
13operation and maintenance thereof, charging rates or fees for
14the use thereof, and providing for and authorizing the issuance
15of bonds for the purpose of defraying the cost of construction,
16acquisition or equipment of any such building or buildings
17payable from the revenues derived from the operation thereof,
18or, when authorized by The Board of Trustees, payable from such
19revenues as supplemented by University income authorized by law
20to be retained in the University treasury and applied to such
21purpose, and for the refunding of any such bonds, and
22authorizing investment in such bonds", approved June 30, 1949,
23as amended, and pledge or by resolution make a supplementary
24allocation of the funds so retained out of students' fees and
25tuition for the retirement of such bonds as may be issued under
26such Act. Such funds as are so pledged shall annually be

 

 

HB5861- 64 -LRB100 21543 AXK 38472 b

1credited to the account to which the pledge applies. Such funds
2as are supplementarily allocated by Board resolution
3subsequent to the resolution creating the bonds shall be
4credited in accordance with the terms of the resolution making
5such supplementary allocation to the account to which the
6allocation applies. Each The Board may authorize such
7supplementation only after a determination by it that the
8maximum revenues which may reasonably and economically be
9derived from the operation of a building proposed to be
10constructed or acquired under the Act herein cited will be
11insufficient to meet the costs of operation and maintenance and
12to pay the principal of and interest on bonds issued for such
13building, or after a determination by it that the maximum
14revenues which may reasonably and economically be derived from
15the operation of a building already constructed or acquired
16under the Act are or will be insufficient to meet the costs of
17operation and maintenance and to pay the principal of and
18interest on bonds issued for such building. In no event shall
19the supplementation from University income be in excess of an
20amount which, when added to the revenues to be derived from the
21operation of the building or buildings, will be sufficient to
22meet the annual debt service requirements on the bonds issued
23in respect to such building or buildings, the annual cost of
24maintenance or operation of such building or buildings, and to
25provide for such reserves, accounts or covenants which the
26resolution authorizing the issuing of such bonds may require.

 

 

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1    (c) The Auditor General shall audit or cause to be audited
2the above items of income and all other income and expenditures
3of such institutions.
4    (d) Beginning on January 1, 1996, the provisions of
5subsection (a) of this Section, insofar as they relate to the
6retention and use of any funds by or on behalf of the
7universities listed in Section 6a, shall be superseded by
8Section 5-35 of the Chicago State University Law and Section
96a-1c of the State Finance Act with respect to Chicago State
10University; by Section 10-35 of the Eastern Illinois University
11Law and Section 6a-1d of the State Finance Act with respect to
12Eastern Illinois University; by Section 15-35 of the Governors
13State University Law and Section 6a-1e of the State Finance Act
14with respect to Governors State University; by Section 25-35 of
15the Northeastern Illinois University Law and Section 6a-1f of
16the State Finance Act with respect to Northeastern Illinois
17University; and by Section 35-35 of the Western Illinois
18University Law and Section 6a-1g of the State Finance Act with
19respect to Western Illinois University. On January 1, 1996 all
20funds deposited, retained, or otherwise held under subsection
21(a) of this Section with respect to the universities listed in
22Section 6a shall be transferred, retained and held as provided
23by the provisions of law cited in this subsection (d) as
24superseding the provisions of subsection (a) of this Section,
25and in accordance with any contracts, pledges, trusts, or
26agreements heretofore made by the Teachers College Board or the

 

 

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1Board of Governors of State Colleges and Universities, or
2hereafter made by the respective Boards of Trustees of the
3Universities named in this paragraph (d).
4(Source: P.A. 89-4, eff. 1-1-96.)
 
5    (30 ILCS 105/6a-3)  (from Ch. 127, par. 142a3)
6    Sec. 6a-3. The Board of Trustees of Southern Illinois
7University at Carbondale and the Board of Trustees of Southern
8Illinois University at Edwardsville may retain in their
9treasuries sits treasury (a) all moneys received from the sale
10of all bonds issued under the Southern Illinois University
11Revenue Bond Act, (b) all fees, rentals and other charges from
12students, staff members and others using or being served by, or
13having the right to use or the right to be served by, or to
14operate any project acquired under the said Act, (c) all
15tuition, registration, matriculation, health, hospital,
16medical, laboratory, admission, student activities, student
17services, and all other fees collected from students
18matriculated, registered or otherwise enrolled at and
19attending the Universities University pledged under the terms
20of any resolution authorizing bonds, or authorizing a
21supplemental allocation of fees for debt service of bonds
22theretofore issued, pursuant to the said Act, and (d) all
23rentals from any facility or building acquired under the said
24Act and leased to the United States of America.
25    The Auditor General shall audit or cause to be audited the

 

 

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1above items of income and all other income and expenditures of
2such institutions institution.
3(Source: P.A. 76-1337.)
 
4    (30 ILCS 105/10)  (from Ch. 127, par. 146)
5    Sec. 10. When an appropriation has been made by the General
6Assembly for the ordinary and contingent expenses of the
7operation, maintenance and administration of the several
8offices, departments, institutions, boards, commissions and
9agencies of the State government, the State Comptroller shall
10draw his warrant on the State Treasurer for the payment of the
11same upon the presentation of itemized vouchers, issued,
12certified, and approved, as follows:
13    For appropriations to:
14        (1) Elective State officers in the executive
15    Department, to be certified and approved by such officers,
16    respectively;
17        (2) The Supreme Court, to be certified and approved by
18    the Chief Justice thereof;
19        (3) Appellate Court, to be certified and approved by
20    the Chief Justice of each judicial district;
21        (4) The State Senate, to be certified and approved by
22    the President;
23        (5) The House of Representatives, to be certified and
24    approved by the Speaker;
25        (6) The Auditor General, to be certified and approved

 

 

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1    by the Auditor General;
2        (7) Clerks of courts, to be certified and approved by
3    the clerk incurring expenditures;
4        (8) The departments under the Civil Administrative
5    Code, to be certified and approved by the Director or
6    Secretary of the Department;
7        (9) The University of Illinois, to be certified by the
8    president of the University;
9        (10) The State Universities Retirement System, to be
10    certified to by the President and Secretary of the Board of
11    Trustees of the System;
12        (11) Illinois State University, to be certified to by
13    the president of that University;
14        (12) Northern Illinois University, to be certified to
15    by the president of that University;
16        (12a) Chicago State University, certified to by the
17    president of that University;
18        (12b) Eastern Illinois University, certified to by the
19    president of that University;
20        (12c) Governors State University, certified to by the
21    president of that University;
22        (12d) Northeastern Illinois University, certified to
23    by the president of that University;
24        (12e) Western Illinois University, certified to by the
25    president of that University;
26        (13) Southern Illinois University at Carbondale, to be

 

 

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1    certified to by the President of the University;
2        (13a) Southern Illinois University at Edwardsville, to
3    be certified to by the President and Secretary of the Board
4    of Trustees of Southern Illinois University at
5    Edwardsville, with the corporate seal of the University
6    attached thereto;
7        (14) The Adjutant General, to be certified and approved
8    by the Adjutant General;
9        (15) The Illinois Legislative Investigating
10    Commission, to be certified and approved by its Chairman,
11    or when it is organized with Co-Chairmen, by either of its
12    Co-Chairmen;
13        (16) All other officers, boards, commissions and
14    agencies of the State government, certified and approved by
15    such officer or by the president or chairman and secretary
16    or by the executive officer of such board, commission or
17    agency;
18        (17) Individuals, to be certified by such individuals;
19        (18) The farmers' institute, agricultural, livestock,
20    poultry, scientific, benevolent, and other private
21    associations, or corporations of whatsoever nature, to be
22    certified and approved by the president and secretary of
23    such society.
24    Nothing contained in this Section shall be construed to
25amend or modify the "Personnel Code".
26    This Section is subject to Section 9.02.

 

 

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1(Source: P.A. 98-788, eff. 7-25-14.)
 
2    (30 ILCS 105/12-1)  (from Ch. 127, par. 148-1)
3    Sec. 12-1. Travel control boards.
4    (a) The following travel control boards are created with
5the members and jurisdiction set forth below:
6        (1) A Travel Control Board is created within the Office
7    of the Attorney General consisting of the Attorney General
8    as chairman and 2 members of his supervisory staff
9    appointed by him. The board shall have jurisdiction over
10    travel by employees of the office.
11        (2) A Travel Control Board is created within the Office
12    of the State Comptroller consisting of the Comptroller as
13    chairman and 2 members of his supervisory staff appointed
14    by him. The board shall have jurisdiction over travel by
15    employees of the office.
16        (3) The Higher Education Travel Control Board shall
17    consist of 12 11 members, one to be appointed by each of
18    the following: the Board of Trustees of the University of
19    Illinois, the Board of Trustees of Southern Illinois
20    University at Carbondale, the Board of Trustees of Southern
21    Illinois University at Edwardsville, the Board of Trustees
22    of Chicago State University, the Board of Trustees of
23    Eastern Illinois University, the Board of Trustees of
24    Governors State University, the Board of Trustees of
25    Illinois State University, the Board of Trustees of

 

 

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1    Northeastern Illinois University, the Board of Trustees of
2    Northern Illinois University, the Board of Trustees of
3    Western Illinois University, the Illinois Community
4    College Board and the Illinois Board of Higher Education.
5    Each member shall be an officer, member or employee of the
6    board making the appointment, or of an institution governed
7    or maintained by such board. The board shall have
8    jurisdiction over travel by the Board of Higher Education,
9    the Board of Trustees of the University of Illinois, the
10    Board of Trustees of Southern Illinois University at
11    Carbondale, the Board of Trustees of Southern Illinois
12    University at Edwardsville, the Board of Trustees of
13    Chicago State University, the Board of Trustees of Eastern
14    Illinois University, the Board of Trustees of Governors
15    State University, the Board of Trustees of Illinois State
16    University, the Board of Trustees of Northeastern Illinois
17    University, the Board of Trustees of Northern Illinois
18    University, the Board of Trustees of Western Illinois
19    University, the Illinois Community College Board, the
20    State Community College of East St. Louis (abolished under
21    Section 2-12.1 of the Public Community College Act), the
22    Illinois State Scholarship Commission, the State
23    Universities Retirement System, the University Civil
24    Service Merit Board, the Board of Trustees of the Illinois
25    Mathematics and Science Academy and all employees of the
26    named Boards, Commission and System and of the institutions

 

 

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1    governed or maintained by the named Boards. The Higher
2    Education Travel Control Board shall select a chairman from
3    among its members.
4        (4) The Legislative Travel Control Board shall consist
5    of the following members serving ex-officio: The Auditor
6    General as chairman, the President and the Minority Leader
7    of the Senate and the Speaker and the Minority Leader of
8    the House of Representatives. The board shall have
9    jurisdiction over travel by employees of: the General
10    Assembly, legislative boards and commissions, the Office
11    of the Auditor General and all legislative agencies.
12        (5) A Travel Control Board is created within the Office
13    of the Lieutenant Governor consisting of the Lieutenant
14    Governor as chairman and 2 members of his supervisory staff
15    appointed by him. The board shall have jurisdiction over
16    travel by employees of the office. The Travel Control Board
17    within the office of the Lieutenant Governor is subject to
18    the provisions of Section 405-500 of the Department of
19    Central Management Services Law (20 ILCS 405/405-500).
20        (6) A Travel Control Board is created within the Office
21    of the Secretary of State consisting of the Secretary of
22    State as chairman, and 2 members of his supervisory staff
23    appointed by him. The board shall have jurisdiction over
24    travel by employees of the office.
25        (7) A Travel Control Board is created within the
26    Judicial Branch consisting of a chairman and 2 members

 

 

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1    appointed by the Supreme Court. The board shall have
2    jurisdiction over travel by personnel of the Judicial
3    Branch, except the circuit courts and the judges.
4        (8) A Travel Control Board is created under the State
5    Board of Education, consisting of the State Superintendent
6    of Education as chairman, and 2 members of his supervisory
7    staff appointed by the State Board of Education. The Board
8    shall have jurisdiction over travel by employees of the
9    State Board of Education.
10        (9) A Travel Control Board is created within the Office
11    of the State Treasurer, consisting of the State Treasurer
12    as chairman and 2 members of his supervisory staff
13    appointed by him. The board shall have jurisdiction over
14    travel by employees of the office.
15        (10) A Governor's Travel Control Board is created
16    consisting of the Governor ex-officio as chairman, and 2
17    members appointed by the Governor. The board shall have
18    jurisdiction over travel by employees and officers of all
19    State agencies as defined in the Illinois State Auditing
20    Act, except for the following: judges, members of the
21    General Assembly, elected constitutional officers of the
22    State, the Auditor General, and personnel under the
23    jurisdiction of another travel control board created by
24    statute.
25    (a-5) The Commissioner of Banks and Real Estate, the
26Prisoner Review Board, and the State Fire Marshal shall submit

 

 

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1to the Governor's Travel Control Board the quarterly reports
2required by regulation pertaining to their employees
3reimbursed for housing.
4    (b) Each travel control board created by this Section shall
5meet at the call of the chairman at least quarterly to review
6all vouchers, or a report thereof, for travel reimbursements
7involving an exception to the State Travel Regulations and
8Rates. Each travel control board shall prescribe the procedures
9for submission of an information copy of vouchers involving an
10exception to the general provisions established by the State
11Travel Regulations and Reimbursement Rates.
12    (c) Any chairman or member of a travel control board may,
13with the consent of the respective appointing official,
14designate a deputy to serve in his place at any or all meetings
15of the board. The designation shall be in writing and directed
16to the chairman of the board.
17    (d) No member of a travel control board may receive
18additional compensation for his service as a member.
19    (e) A report of the travel reimbursement claims reviewed by
20each travel control board shall be submitted to the Legislative
21Audit Commission at least once each quarter and that Commission
22shall comment on all such reports in its annual reports to the
23General Assembly.
24(Source: P.A. 97-333, eff. 8-12-11.)
 
25    (30 ILCS 105/13.2)  (from Ch. 127, par. 149.2)

 

 

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1    Sec. 13.2. Transfers among line item appropriations.
2    (a) Transfers among line item appropriations from the same
3treasury fund for the objects specified in this Section may be
4made in the manner provided in this Section when the balance
5remaining in one or more such line item appropriations is
6insufficient for the purpose for which the appropriation was
7made.
8    (a-1) No transfers may be made from one agency to another
9agency, nor may transfers be made from one institution of
10higher education to another institution of higher education
11except as provided by subsection (a-4).
12    (a-2) Except as otherwise provided in this Section,
13transfers may be made only among the objects of expenditure
14enumerated in this Section, except that no funds may be
15transferred from any appropriation for personal services, from
16any appropriation for State contributions to the State
17Employees' Retirement System, from any separate appropriation
18for employee retirement contributions paid by the employer, nor
19from any appropriation for State contribution for employee
20group insurance. During State fiscal year 2005, an agency may
21transfer amounts among its appropriations within the same
22treasury fund for personal services, employee retirement
23contributions paid by employer, and State Contributions to
24retirement systems; notwithstanding and in addition to the
25transfers authorized in subsection (c) of this Section, the
26fiscal year 2005 transfers authorized in this sentence may be

 

 

HB5861- 76 -LRB100 21543 AXK 38472 b

1made in an amount not to exceed 2% of the aggregate amount
2appropriated to an agency within the same treasury fund. During
3State fiscal year 2007, the Departments of Children and Family
4Services, Corrections, Human Services, and Juvenile Justice
5may transfer amounts among their respective appropriations
6within the same treasury fund for personal services, employee
7retirement contributions paid by employer, and State
8contributions to retirement systems. During State fiscal year
92010, the Department of Transportation may transfer amounts
10among their respective appropriations within the same treasury
11fund for personal services, employee retirement contributions
12paid by employer, and State contributions to retirement
13systems. During State fiscal years 2010 and 2014 only, an
14agency may transfer amounts among its respective
15appropriations within the same treasury fund for personal
16services, employee retirement contributions paid by employer,
17and State contributions to retirement systems.
18Notwithstanding, and in addition to, the transfers authorized
19in subsection (c) of this Section, these transfers may be made
20in an amount not to exceed 2% of the aggregate amount
21appropriated to an agency within the same treasury fund.
22    (a-2.5) During State fiscal year 2015 only, the State's
23Attorneys Appellate Prosecutor may transfer amounts among its
24respective appropriations contained in operational line items
25within the same treasury fund. Notwithstanding, and in addition
26to, the transfers authorized in subsection (c) of this Section,

 

 

HB5861- 77 -LRB100 21543 AXK 38472 b

1these transfers may be made in an amount not to exceed 4% of
2the aggregate amount appropriated to the State's Attorneys
3Appellate Prosecutor within the same treasury fund.
4    (a-3) Further, if an agency receives a separate
5appropriation for employee retirement contributions paid by
6the employer, any transfer by that agency into an appropriation
7for personal services must be accompanied by a corresponding
8transfer into the appropriation for employee retirement
9contributions paid by the employer, in an amount sufficient to
10meet the employer share of the employee contributions required
11to be remitted to the retirement system.
12    (a-4) Long-Term Care Rebalancing. The Governor may
13designate amounts set aside for institutional services
14appropriated from the General Revenue Fund or any other State
15fund that receives monies for long-term care services to be
16transferred to all State agencies responsible for the
17administration of community-based long-term care programs,
18including, but not limited to, community-based long-term care
19programs administered by the Department of Healthcare and
20Family Services, the Department of Human Services, and the
21Department on Aging, provided that the Director of Healthcare
22and Family Services first certifies that the amounts being
23transferred are necessary for the purpose of assisting persons
24in or at risk of being in institutional care to transition to
25community-based settings, including the financial data needed
26to prove the need for the transfer of funds. The total amounts

 

 

HB5861- 78 -LRB100 21543 AXK 38472 b

1transferred shall not exceed 4% in total of the amounts
2appropriated from the General Revenue Fund or any other State
3fund that receives monies for long-term care services for each
4fiscal year. A notice of the fund transfer must be made to the
5General Assembly and posted at a minimum on the Department of
6Healthcare and Family Services website, the Governor's Office
7of Management and Budget website, and any other website the
8Governor sees fit. These postings shall serve as notice to the
9General Assembly of the amounts to be transferred. Notice shall
10be given at least 30 days prior to transfer.
11    (b) In addition to the general transfer authority provided
12under subsection (c), the following agencies have the specific
13transfer authority granted in this subsection:
14    The Department of Healthcare and Family Services is
15authorized to make transfers representing savings attributable
16to not increasing grants due to the births of additional
17children from line items for payments of cash grants to line
18items for payments for employment and social services for the
19purposes outlined in subsection (f) of Section 4-2 of the
20Illinois Public Aid Code.
21    The Department of Children and Family Services is
22authorized to make transfers not exceeding 2% of the aggregate
23amount appropriated to it within the same treasury fund for the
24following line items among these same line items: Foster Home
25and Specialized Foster Care and Prevention, Institutions and
26Group Homes and Prevention, and Purchase of Adoption and

 

 

HB5861- 79 -LRB100 21543 AXK 38472 b

1Guardianship Services.
2    The Department on Aging is authorized to make transfers not
3exceeding 2% of the aggregate amount appropriated to it within
4the same treasury fund for the following Community Care Program
5line items among these same line items: purchase of services
6covered by the Community Care Program and Comprehensive Case
7Coordination.
8    The State Treasurer is authorized to make transfers among
9line item appropriations from the Capital Litigation Trust
10Fund, with respect to costs incurred in fiscal years 2002 and
112003 only, when the balance remaining in one or more such line
12item appropriations is insufficient for the purpose for which
13the appropriation was made, provided that no such transfer may
14be made unless the amount transferred is no longer required for
15the purpose for which that appropriation was made.
16    The State Board of Education is authorized to make
17transfers from line item appropriations within the same
18treasury fund for General State Aid, General State Aid - Hold
19Harmless, and Evidence-Based Funding, provided that no such
20transfer may be made unless the amount transferred is no longer
21required for the purpose for which that appropriation was made,
22to the line item appropriation for Transitional Assistance when
23the balance remaining in such line item appropriation is
24insufficient for the purpose for which the appropriation was
25made.
26    The State Board of Education is authorized to make

 

 

HB5861- 80 -LRB100 21543 AXK 38472 b

1transfers between the following line item appropriations
2within the same treasury fund: Disabled Student
3Services/Materials (Section 14-13.01 of the School Code),
4Disabled Student Transportation Reimbursement (Section
514-13.01 of the School Code), Disabled Student Tuition -
6Private Tuition (Section 14-7.02 of the School Code),
7Extraordinary Special Education (Section 14-7.02b of the
8School Code), Reimbursement for Free Lunch/Breakfast Program,
9Summer School Payments (Section 18-4.3 of the School Code), and
10Transportation - Regular/Vocational Reimbursement (Section
1129-5 of the School Code). Such transfers shall be made only
12when the balance remaining in one or more such line item
13appropriations is insufficient for the purpose for which the
14appropriation was made and provided that no such transfer may
15be made unless the amount transferred is no longer required for
16the purpose for which that appropriation was made.
17    The Department of Healthcare and Family Services is
18authorized to make transfers not exceeding 4% of the aggregate
19amount appropriated to it, within the same treasury fund, among
20the various line items appropriated for Medical Assistance.
21    (c) The sum of such transfers for an agency in a fiscal
22year shall not exceed 2% of the aggregate amount appropriated
23to it within the same treasury fund for the following objects:
24Personal Services; Extra Help; Student and Inmate
25Compensation; State Contributions to Retirement Systems; State
26Contributions to Social Security; State Contribution for

 

 

HB5861- 81 -LRB100 21543 AXK 38472 b

1Employee Group Insurance; Contractual Services; Travel;
2Commodities; Printing; Equipment; Electronic Data Processing;
3Operation of Automotive Equipment; Telecommunications
4Services; Travel and Allowance for Committed, Paroled and
5Discharged Prisoners; Library Books; Federal Matching Grants
6for Student Loans; Refunds; Workers' Compensation,
7Occupational Disease, and Tort Claims; and, in appropriations
8to institutions of higher education, Awards and Grants.
9Notwithstanding the above, any amounts appropriated for
10payment of workers' compensation claims to an agency to which
11the authority to evaluate, administer and pay such claims has
12been delegated by the Department of Central Management Services
13may be transferred to any other expenditure object where such
14amounts exceed the amount necessary for the payment of such
15claims.
16    (c-1) Special provisions for State fiscal year 2003.
17Notwithstanding any other provision of this Section to the
18contrary, for State fiscal year 2003 only, transfers among line
19item appropriations to an agency from the same treasury fund
20may be made provided that the sum of such transfers for an
21agency in State fiscal year 2003 shall not exceed 3% of the
22aggregate amount appropriated to that State agency for State
23fiscal year 2003 for the following objects: personal services,
24except that no transfer may be approved which reduces the
25aggregate appropriations for personal services within an
26agency; extra help; student and inmate compensation; State

 

 

HB5861- 82 -LRB100 21543 AXK 38472 b

1contributions to retirement systems; State contributions to
2social security; State contributions for employee group
3insurance; contractual services; travel; commodities;
4printing; equipment; electronic data processing; operation of
5automotive equipment; telecommunications services; travel and
6allowance for committed, paroled, and discharged prisoners;
7library books; federal matching grants for student loans;
8refunds; workers' compensation, occupational disease, and tort
9claims; and, in appropriations to institutions of higher
10education, awards and grants.
11    (c-2) Special provisions for State fiscal year 2005.
12Notwithstanding subsections (a), (a-2), and (c), for State
13fiscal year 2005 only, transfers may be made among any line
14item appropriations from the same or any other treasury fund
15for any objects or purposes, without limitation, when the
16balance remaining in one or more such line item appropriations
17is insufficient for the purpose for which the appropriation was
18made, provided that the sum of those transfers by a State
19agency shall not exceed 4% of the aggregate amount appropriated
20to that State agency for fiscal year 2005.
21    (c-3) Special provisions for State fiscal year 2015.
22Notwithstanding any other provision of this Section, for State
23fiscal year 2015, transfers among line item appropriations to a
24State agency from the same State treasury fund may be made for
25operational or lump sum expenses only, provided that the sum of
26such transfers for a State agency in State fiscal year 2015

 

 

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1shall not exceed 4% of the aggregate amount appropriated to
2that State agency for operational or lump sum expenses for
3State fiscal year 2015. For the purpose of this subsection,
4"operational or lump sum expenses" includes the following
5objects: personal services; extra help; student and inmate
6compensation; State contributions to retirement systems; State
7contributions to social security; State contributions for
8employee group insurance; contractual services; travel;
9commodities; printing; equipment; electronic data processing;
10operation of automotive equipment; telecommunications
11services; travel and allowance for committed, paroled, and
12discharged prisoners; library books; federal matching grants
13for student loans; refunds; workers' compensation,
14occupational disease, and tort claims; lump sum and other
15purposes; and lump sum operations. For the purpose of this
16subsection (c-3), "State agency" does not include the Attorney
17General, the Secretary of State, the Comptroller, the
18Treasurer, or the legislative or judicial branches.
19    (c-4) Special provisions for State fiscal year 2018.
20Notwithstanding any other provision of this Section, for State
21fiscal year 2018, transfers among line item appropriations to a
22State agency from the same State treasury fund may be made for
23operational or lump sum expenses only, provided that the sum of
24such transfers for a State agency in State fiscal year 2018
25shall not exceed 4% of the aggregate amount appropriated to
26that State agency for operational or lump sum expenses for

 

 

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1State fiscal year 2018. For the purpose of this subsection
2(c-4), "operational or lump sum expenses" includes the
3following objects: personal services; extra help; student and
4inmate compensation; State contributions to retirement
5systems; State contributions to social security; State
6contributions for employee group insurance; contractual
7services; travel; commodities; printing; equipment; electronic
8data processing; operation of automotive equipment;
9telecommunications services; travel and allowance for
10committed, paroled, and discharged prisoners; library books;
11federal matching grants for student loans; refunds; workers'
12compensation, occupational disease, and tort claims; lump sum
13and other purposes; and lump sum operations. For the purpose of
14this subsection (c-4), "State agency" does not include the
15Attorney General, the Secretary of State, the Comptroller, the
16Treasurer, or the legislative or judicial branches.
17    (d) Transfers among appropriations made to agencies of the
18Legislative and Judicial departments and to the
19constitutionally elected officers in the Executive branch
20require the approval of the officer authorized in Section 10 of
21this Act to approve and certify vouchers. Transfers among
22appropriations made to the University of Illinois, Southern
23Illinois University at Carbondale, Southern Illinois
24University at Edwardsville, Chicago State University, Eastern
25Illinois University, Governors State University, Illinois
26State University, Northeastern Illinois University, Northern

 

 

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1Illinois University, Western Illinois University, the Illinois
2Mathematics and Science Academy and the Board of Higher
3Education require the approval of the Board of Higher Education
4and the Governor. Transfers among appropriations to all other
5agencies require the approval of the Governor.
6    The officer responsible for approval shall certify that the
7transfer is necessary to carry out the programs and purposes
8for which the appropriations were made by the General Assembly
9and shall transmit to the State Comptroller a certified copy of
10the approval which shall set forth the specific amounts
11transferred so that the Comptroller may change his records
12accordingly. The Comptroller shall furnish the Governor with
13information copies of all transfers approved for agencies of
14the Legislative and Judicial departments and transfers
15approved by the constitutionally elected officials of the
16Executive branch other than the Governor, showing the amounts
17transferred and indicating the dates such changes were entered
18on the Comptroller's records.
19    (e) The State Board of Education, in consultation with the
20State Comptroller, may transfer line item appropriations for
21General State Aid or Evidence-Based Funding between the Common
22School Fund and the Education Assistance Fund. With the advice
23and consent of the Governor's Office of Management and Budget,
24the State Board of Education, in consultation with the State
25Comptroller, may transfer line item appropriations between the
26General Revenue Fund and the Education Assistance Fund for the

 

 

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1following programs:
2        (1) Disabled Student Personnel Reimbursement (Section
3    14-13.01 of the School Code);
4        (2) Disabled Student Transportation Reimbursement
5    (subsection (b) of Section 14-13.01 of the School Code);
6        (3) Disabled Student Tuition - Private Tuition
7    (Section 14-7.02 of the School Code);
8        (4) Extraordinary Special Education (Section 14-7.02b
9    of the School Code);
10        (5) Reimbursement for Free Lunch/Breakfast Programs;
11        (6) Summer School Payments (Section 18-4.3 of the
12    School Code);
13        (7) Transportation - Regular/Vocational Reimbursement
14    (Section 29-5 of the School Code);
15        (8) Regular Education Reimbursement (Section 18-3 of
16    the School Code); and
17        (9) Special Education Reimbursement (Section 14-7.03
18    of the School Code).
19(Source: P.A. 99-2, eff. 3-26-15; 100-23, eff. 7-6-17; 100-465,
20eff. 8-31-17; revised 10-4-17.)
 
21    (30 ILCS 105/13.5)
22    Sec. 13.5. Appropriations for education.
23    (a) Except for the State fiscal year beginning on July 1,
242009, State appropriations to the State Board of Education, the
25Board of Trustees of Southern Illinois University at

 

 

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1Carbondale, the Board of Trustees of Southern Illinois
2University at Edwardsville, the Board of Trustees of the
3University of Illinois, the Board of Trustees of Chicago State
4University, the Board of Trustees of Eastern Illinois
5University, the Board of Trustees of Illinois State University,
6the Board of Trustees of Governors State University, the Board
7of Trustees of Northeastern Illinois University, the Board of
8Trustees of Northern Illinois University, and the Board of
9Trustees of Western Illinois University for operations shall
10identify the amounts appropriated for personal services, State
11contributions to social security for Medicare, contractual
12services, travel, commodities, equipment, operation of
13automotive equipment, telecommunications, awards and grants,
14and permanent improvements.
15    (b) Within 120 days after the conclusion of each fiscal
16year, each State-supported institution of higher learning must
17provide, through the Illinois Board of Higher Education, a
18financial report to the Governor and General Assembly
19documenting the institution's revenues and expenditures of
20funds for that fiscal year ending June 30 for all funds.
21(Source: P.A. 96-45, eff. 7-15-09.)
 
22    Section 80. The State Officers and Employees Money
23Disposition Act is amended by changing Section 1 as follows:
 
24    (30 ILCS 230/1)  (from Ch. 127, par. 170)

 

 

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1    Sec. 1. Application of Act; exemptions. The officers of the
2Executive Department of the State Government, the Clerk of the
3Supreme Court, the Clerks of the Appellate Courts, the
4Departments of the State government created by the Civil
5Administrative Code of Illinois, and all other officers,
6boards, commissions, commissioners, departments, institutions,
7arms or agencies, or agents of the Executive Department of the
8State government, except the University of Illinois, Southern
9Illinois University at Carbondale, Southern Illinois
10University at Edwardsville, Chicago State University, Eastern
11Illinois University, Governors State University, Illinois
12State University, Northeastern Illinois University, Northern
13Illinois University, Western Illinois University, the
14Cooperative Computer Center, and the Board of Trustees of the
15Illinois Bank Examiners' Education Foundation for moneys
16collected pursuant to subsection (11) of Section 48 of the
17Illinois Banking Act for purposes of the Illinois Bank
18Examiners' Education Program, are subject to this Act. This Act
19shall not apply, however, to any of the following: (i) the
20receipt by any such officer of federal funds made available
21under such conditions as precluded the payment thereof into the
22State Treasury, (ii) (blank), (iii) the Director of Insurance
23in his capacity as rehabilitator or liquidator under Article
24XIII of the Illinois Insurance Code, (iv) funds received by the
25Illinois State Scholarship Commission from private firms
26employed by the State to collect delinquent amounts due and

 

 

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1owing from a borrower on any loans guaranteed by such
2Commission under the Higher Education Student Assistance Law or
3on any "eligible loans" as that term is defined under the
4Education Loan Purchase Program Law, or (v) moneys collected on
5behalf of lessees of facilities of the Department of
6Agriculture located on the Illinois State Fairgrounds at
7Springfield and DuQuoin. This Section 1 shall not apply to the
8receipt of funds required to be deposited in the Industrial
9Project Fund pursuant to Section 12 of the Rehabilitation of
10Persons with Disabilities Act.
11(Source: P.A. 99-143, eff. 7-27-15.)
 
12    Section 85. The Public Funds Investment Act is amended by
13changing Section 6 as follows:
 
14    (30 ILCS 235/6)  (from Ch. 85, par. 906)
15    Sec. 6. Report of financial institutions.
16    (a) No bank shall receive any public funds unless it has
17furnished the corporate authorities of a public agency
18submitting a deposit with copies of the last two sworn
19statements of resources and liabilities which the bank is
20required to furnish to the Commissioner of Banks and Real
21Estate or to the Comptroller of the Currency. Each bank
22designated as a depository for public funds shall, while acting
23as such depository, furnish the corporate authorities of a
24public agency with a copy of all statements of resources and

 

 

HB5861- 90 -LRB100 21543 AXK 38472 b

1liabilities which it is required to furnish to the Commissioner
2of Banks and Real Estate or to the Comptroller of the Currency;
3provided, that if such funds or moneys are deposited in a bank,
4the amount of all such deposits not collateralized or insured
5by an agency of the federal government shall not exceed 75% of
6the capital stock and surplus of such bank, and the corporate
7authorities of a public agency submitting a deposit shall not
8be discharged from responsibility for any funds or moneys
9deposited in any bank in excess of such limitation.
10    (b) No savings bank or savings and loan association shall
11receive public funds unless it has furnished the corporate
12authorities of a public agency submitting a deposit with copies
13of the last 2 sworn statements of resources and liabilities
14which the savings bank or savings and loan association is
15required to furnish to the Commissioner of Banks and Real
16Estate or the Federal Deposit Insurance Corporation. Each
17savings bank or savings and loan association designated as a
18depository for public funds shall, while acting as such
19depository, furnish the corporate authorities of a public
20agency with a copy of all statements of resources and
21liabilities which it is required to furnish to the Commissioner
22of Banks and Real Estate or the Federal Deposit Insurance
23Corporation; provided, that if such funds or moneys are
24deposited in a savings bank or savings and loan association,
25the amount of all such deposits not collateralized or insured
26by an agency of the federal government shall not exceed 75% of

 

 

HB5861- 91 -LRB100 21543 AXK 38472 b

1the net worth of such savings bank or savings and loan
2association as defined by the Federal Deposit Insurance
3Corporation, and the corporate authorities of a public agency
4submitting a deposit shall not be discharged from
5responsibility for any funds or moneys deposited in any savings
6bank or savings and loan association in excess of such
7limitation.
8    (c) No credit union shall receive public funds unless it
9has furnished the corporate authorities of a public agency
10submitting a share deposit with copies of the last two reports
11of examination prepared by or submitted to the Illinois
12Department of Financial Institutions or the National Credit
13Union Administration. Each credit union designated as a
14depository for public funds shall, while acting as such
15depository, furnish the corporate authorities of a public
16agency with a copy of all reports of examination prepared by or
17furnished to the Illinois Department of Financial Institutions
18or the National Credit Union Administration; provided that if
19such funds or moneys are invested in a credit union account,
20the amount of all such investments not collateralized or
21insured by an agency of the federal government or other
22approved share insurer shall not exceed 50% of the unimpaired
23capital and surplus of such credit union, which shall include
24shares, reserves and undivided earnings and the corporate
25authorities of a public agency making an investment shall not
26be discharged from responsibility for any funds or moneys

 

 

HB5861- 92 -LRB100 21543 AXK 38472 b

1invested in a credit union in excess of such limitation.
2    (d) Whenever a public agency deposits any public funds in a
3financial institution, the public agency may enter into an
4agreement with the financial institution requiring any funds
5not insured by the Federal Deposit Insurance Corporation or the
6National Credit Union Administration or other approved share
7insurer to be collateralized by any of the following classes of
8securities, provided there has been no default in the payment
9of principal or interest thereon:
10        (1) Bonds, notes, or other securities constituting
11    direct and general obligations of the United States, the
12    bonds, notes, or other securities constituting the direct
13    and general obligation of any agency or instrumentality of
14    the United States, the interest and principal of which is
15    unconditionally guaranteed by the United States, and
16    bonds, notes, or other securities or evidence of
17    indebtedness constituting the obligation of a U.S. agency
18    or instrumentality.
19        (2) Direct and general obligation bonds of the State of
20    Illinois or of any other state of the United States.
21        (3) Revenue bonds of this State or any authority,
22    board, commission, or similar agency thereof.
23        (4) Direct and general obligation bonds of any city,
24    town, county, school district, or other taxing body of any
25    state, the debt service of which is payable from general ad
26    valorem taxes.

 

 

HB5861- 93 -LRB100 21543 AXK 38472 b

1        (5) Revenue bonds of any city, town, county, or school
2    district of the State of Illinois.
3        (6) Obligations issued, assumed, or guaranteed by the
4    International Finance Corporation, the principal of which
5    is not amortized during the life of the obligation, but no
6    such obligation shall be accepted at more than 90% of its
7    market value.
8        (7) Illinois Affordable Housing Program Trust Fund
9    Bonds or Notes as defined in and issued pursuant to the
10    Illinois Housing Development Act.
11        (8) In an amount equal to at least market value of that
12    amount of funds deposited exceeding the insurance
13    limitation provided by the Federal Deposit Insurance
14    Corporation or the National Credit Union Administration or
15    other approved share insurer: (i) securities, (ii)
16    mortgages, (iii) letters of credit issued by a Federal Home
17    Loan Bank, or (iv) loans covered by a State Guarantee under
18    the Illinois Farm Development Act, if that guarantee has
19    been assumed by the Illinois Finance Authority under
20    Section 845-75 of the Illinois Finance Authority Act, and
21    loans covered by a State Guarantee under Article 830 of the
22    Illinois Finance Authority Act.
23        (9) Certificates of deposit or share certificates
24    issued to the depository institution pledging them as
25    security. The public agency may require security in the
26    amount of 125% of the value of the public agency deposit.

 

 

HB5861- 94 -LRB100 21543 AXK 38472 b

1    Such certificate of deposit or share certificate shall:
2            (i) be fully insured by the Federal Deposit
3        Insurance Corporation, the Federal Savings and Loan
4        Insurance Corporation, or the National Credit Union
5        Share Insurance Fund or issued by a depository
6        institution which is rated within the 3 highest
7        classifications established by at least one of the 2
8        standard rating services;
9            (ii) be issued by a financial institution having
10        assets of $15,000,000 or more; and
11            (iii) be issued by either a savings and loan
12        association having a capital to asset ratio of at least
13        2%, by a bank having a capital to asset ratio of at
14        least 6% or by a credit union having a capital to asset
15        ratio of at least 4%.
16    The depository institution shall effect the assignment of
17the certificate of deposit or share certificate to the public
18agency and shall agree that, in the event the issuer of the
19certificate fails to maintain the capital to asset ratio
20required by this Section, such certificate of deposit or share
21certificate shall be replaced by additional suitable security.
22    (e) The public agency may accept a system established by
23the State Treasurer to aggregate permissible securities
24received as collateral from financial institutions in a
25collateral pool to secure public deposits of the institutions
26that have pledged securities to the pool.

 

 

HB5861- 95 -LRB100 21543 AXK 38472 b

1    (f) The public agency may at any time declare any
2particular security ineligible to qualify as collateral when,
3in the public agency's judgment, it is deemed desirable to do
4so.
5    (g) Notwithstanding any other provision of this Section, as
6security a public agency may, at its discretion, accept a bond,
7executed by a company authorized to transact the kinds of
8business described in clause (g) of Section 4 of the Illinois
9Insurance Code, in an amount not less than the amount of the
10deposits required by this Section to be secured, payable to the
11public agency for the benefit of the People of the unit of
12government, in a form that is acceptable to the public agency.
13    (h) Paragraphs (a), (b), (c), (d), (e), (f), and (g) of
14this Section do not apply to the University of Illinois,
15Southern Illinois University at Carbondale, Southern Illinois
16University at Edwardsville, Chicago State University, Eastern
17Illinois University, Governors State University, Illinois
18State University, Northeastern Illinois University, Northern
19Illinois University, Western Illinois University, the
20Cooperative Computer Center and public community colleges.
21(Source: P.A. 95-331, eff. 8-21-07.)
 
22    Section 90. The Educational Institution Bond Authorization
23Act is amended by changing Section 1 as follows:
 
24    (30 ILCS 395/1)  (from Ch. 127, par. 307)

 

 

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1    Sec. 1. The State of Illinois is authorized to issue and
2sell and provide for the retirement of bonds of the State of
3Illinois to the amount of $195,000,000 for the purpose of
4providing funds in order to relieve overcrowded conditions by
5making permanent improvements at educational institutions
6owned by this State which are now under the jurisdiction,
7management and control of the Board of Trustees of the
8University of Illinois, the Board of Trustees of Southern
9Illinois University at Carbondale, the Board of Trustees of
10Southern Illinois University at Edwardsville, the Board of
11Trustees of Chicago State University, the Board of Trustees of
12Eastern Illinois University, the Board of Trustees of Governors
13State University, the Board of Trustees of Illinois State
14University, the Board of Trustees of Northeastern Illinois
15University, the Board of Trustees of Northern Illinois
16University, and the Board of Trustees of Western Illinois
17University.
18(Source: P.A. 89-4, eff. 1-1-96.)
 
19    Section 95. The Illinois Procurement Code is amended by
20changing Sections 1-13, 1-15.100, 50-13, and 50-37 as follows:
 
21    (30 ILCS 500/1-13)
22    Sec. 1-13. Applicability to public institutions of higher
23education.
24    (a) This Code shall apply to public institutions of higher

 

 

HB5861- 97 -LRB100 21543 AXK 38472 b

1education, regardless of the source of the funds with which
2contracts are paid, except as provided in this Section.
3    (b) Except as provided in this Section, this Code shall not
4apply to procurements made by or on behalf of public
5institutions of higher education for any of the following:
6        (1) Memberships in professional, academic, research,
7    or athletic organizations on behalf of a public institution
8    of higher education, an employee of a public institution of
9    higher education, or a student at a public institution of
10    higher education.
11        (2) Procurement expenditures for events or activities
12    paid for exclusively by revenues generated by the event or
13    activity, gifts or donations for the event or activity,
14    private grants, or any combination thereof.
15        (3) Procurement expenditures for events or activities
16    for which the use of specific potential contractors is
17    mandated or identified by the sponsor of the event or
18    activity, provided that the sponsor is providing a majority
19    of the funding for the event or activity.
20        (4) Procurement expenditures necessary to provide
21    athletic, artistic or musical services, performances,
22    events, or productions by or for a public institution of
23    higher education.
24        (5) Procurement expenditures for periodicals, books,
25    subscriptions, database licenses, and other publications
26    procured for use by a university library or academic

 

 

HB5861- 98 -LRB100 21543 AXK 38472 b

1    department, except for expenditures related to procuring
2    textbooks for student use or materials for resale or
3    rental.
4        (6) Procurement expenditures for placement of students
5    in externships, practicums, field experiences, and for
6    medical residencies and rotations.
7        (7) Contracts for programming and broadcast license
8    rights for university-operated radio and television
9    stations.
10        (8) Procurement expenditures necessary to perform
11    sponsored research and other sponsored activities under
12    grants and contracts funded by the sponsor or by sources
13    other than State appropriations.
14        (9) Contracts with a foreign entity for research or
15    educational activities, provided that the foreign entity
16    either does not maintain an office in the United States or
17    is the sole source of the service or product.
18Notice of each contract entered into by a public institution of
19higher education that is related to the procurement of goods
20and services identified in items (1) through (9) of this
21subsection shall be published in the Procurement Bulletin
22within 14 calendar days after contract execution. The Chief
23Procurement Officer shall prescribe the form and content of the
24notice. Each public institution of higher education shall
25provide the Chief Procurement Officer, on a monthly basis, in
26the form and content prescribed by the Chief Procurement

 

 

HB5861- 99 -LRB100 21543 AXK 38472 b

1Officer, a report of contracts that are related to the
2procurement of goods and services identified in this
3subsection. At a minimum, this report shall include the name of
4the contractor, a description of the supply or service
5provided, the total amount of the contract, the term of the
6contract, and the exception to the Code utilized. A copy of any
7or all of these contracts shall be made available to the Chief
8Procurement Officer immediately upon request. The Chief
9Procurement Officer shall submit a report to the Governor and
10General Assembly no later than November 1 of each year that
11shall include, at a minimum, an annual summary of the monthly
12information reported to the Chief Procurement Officer.
13    (b-5) Except as provided in this subsection, the provisions
14of this Code shall not apply to contracts for medical supplies,
15and to contracts for medical services necessary for the
16delivery of care and treatment at medical, dental, or
17veterinary teaching facilities utilized by Southern Illinois
18University or the University of Illinois and at any
19university-operated health care center or dispensary that
20provides care, treatment, and medications for students,
21faculty and staff. Other supplies and services needed for these
22teaching facilities shall be subject to the jurisdiction of the
23Chief Procurement Officer for Public Institutions of Higher
24Education who may establish expedited procurement procedures
25and may waive or modify certification, contract, hearing,
26process and registration requirements required by the Code. All

 

 

HB5861- 100 -LRB100 21543 AXK 38472 b

1procurements made under this subsection shall be documented and
2may require publication in the Illinois Procurement Bulletin.
3    (c) Procurements made by or on behalf of public
4institutions of higher education for the fulfillment of a grant
5shall be made in accordance with the requirements of this Code
6to the extent practical.
7    Upon the written request of a public institution of higher
8education, the Chief Procurement Officer may waive contract,
9registration, certification, and hearing requirements of this
10Code if, based on the item to be procured or the terms of a
11grant, compliance is impractical. The public institution of
12higher education shall provide the Chief Procurement Officer
13with specific reasons for the waiver, including the necessity
14of contracting with a particular potential contractor, and
15shall certify that an effort was made in good faith to comply
16with the provisions of this Code. The Chief Procurement Officer
17shall provide written justification for any waivers. By
18November 1 of each year, the Chief Procurement Officer shall
19file a report with the General Assembly identifying each
20contract approved with waivers and providing the justification
21given for any waivers for each of those contracts. Notice of
22each waiver made under this subsection shall be published in
23the Procurement Bulletin within 14 calendar days after contract
24execution. The Chief Procurement Officer shall prescribe the
25form and content of the notice.
26    (d) Notwithstanding this Section, a waiver of the

 

 

HB5861- 101 -LRB100 21543 AXK 38472 b

1registration requirements of Section 20-160 does not permit a
2business entity and any affiliated entities or affiliated
3persons to make campaign contributions if otherwise prohibited
4by Section 50-37. The total amount of contracts awarded in
5accordance with this Section shall be included in determining
6the aggregate amount of contracts or pending bids of a business
7entity and any affiliated entities or affiliated persons.
8    (e) Notwithstanding subsection (e) of Section 50-10.5 of
9this Code, the Chief Procurement Officer, with the approval of
10the Executive Ethics Commission, may permit a public
11institution of higher education to accept a bid or enter into a
12contract with a business that assisted the public institution
13of higher education in determining whether there is a need for
14a contract or assisted in reviewing, drafting, or preparing
15documents related to a bid or contract, provided that the bid
16or contract is essential to research administered by the public
17institution of higher education and it is in the best interest
18of the public institution of higher education to accept the bid
19or contract. For purposes of this subsection, "business"
20includes all individuals with whom a business is affiliated,
21including, but not limited to, any officer, agent, employee,
22consultant, independent contractor, director, partner,
23manager, or shareholder of a business. The Executive Ethics
24Commission may promulgate rules and regulations for the
25implementation and administration of the provisions of this
26subsection (e).

 

 

HB5861- 102 -LRB100 21543 AXK 38472 b

1    (f) As used in this Section:
2    "Grant" means non-appropriated funding provided by a
3federal or private entity to support a project or program
4administered by a public institution of higher education and
5any non-appropriated funding provided to a sub-recipient of the
6grant.
7    "Public institution of higher education" means Chicago
8State University, Eastern Illinois University, Governors State
9University, Illinois State University, Northeastern Illinois
10University, Northern Illinois University, Southern Illinois
11University at Carbondale, Southern Illinois University at
12Edwardsville, University of Illinois, Western Illinois
13University, and, for purposes of this Code only, the Illinois
14Mathematics and Science Academy.
15    (g) (Blank).
16    (h) The General Assembly finds and declares that:
17        (1) Public Act 98-1076, which took effect on January 1,
18    2015, changed the repeal date set for this Section from
19    December 31, 2014 to December 31, 2016.
20        (2) The Statute on Statutes sets forth general rules on
21    the repeal of statutes and the construction of multiple
22    amendments, but Section 1 of that Act also states that
23    these rules will not be observed when the result would be
24    "inconsistent with the manifest intent of the General
25    Assembly or repugnant to the context of the statute".
26        (3) This amendatory Act of the 100th General Assembly

 

 

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1    manifests the intention of the General Assembly to remove
2    the repeal of this Section.
3        (4) This Section was originally enacted to protect,
4    promote, and preserve the general welfare. Any
5    construction of this Section that results in the repeal of
6    this Section on December 31, 2014 would be inconsistent
7    with the manifest intent of the General Assembly and
8    repugnant to the context of this Code.
9    It is hereby declared to have been the intent of the
10General Assembly that this Section not be subject to repeal on
11December 31, 2014.
12    This Section shall be deemed to have been in continuous
13effect since December 20, 2011 (the effective date of Public
14Act 97-643), and it shall continue to be in effect henceforward
15until it is otherwise lawfully repealed. All previously enacted
16amendments to this Section taking effect on or after December
1731, 2014, are hereby validated.
18    All actions taken in reliance on or pursuant to this
19Section by any public institution of higher education, person,
20or entity are hereby validated.
21    In order to ensure the continuing effectiveness of this
22Section, it is set forth in full and re-enacted by this
23amendatory Act of the 100th General Assembly. This re-enactment
24is intended as a continuation of this Section. It is not
25intended to supersede any amendment to this Section that is
26enacted by the 100th General Assembly.

 

 

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1    In this amendatory Act of the 100th General Assembly, the
2base text of the reenacted Section is set forth as amended by
3Public Act 98-1076. Striking and underscoring is used only to
4show changes being made to the base text.
5    This Section applies to all procurements made on or before
6the effective date of this amendatory Act of the 100th General
7Assembly.
8(Source: P.A. 100-43, eff. 8-9-17.)
 
9    (30 ILCS 500/1-15.100)
10    Sec. 1-15.100. State agency. "State agency" means and
11includes all boards, commissions, agencies, institutions,
12authorities, and bodies politic and corporate of the State,
13created by or in accordance with the constitution or statute,
14of the executive branch of State government and does include
15colleges, universities, and institutions under the
16jurisdiction of the governing boards of the University of
17Illinois, Southern Illinois University at Carbondale, Southern
18Illinois University at Edwardsville, Illinois State
19University, Eastern Illinois University, Northern Illinois
20University, Western Illinois University, Chicago State
21University, Governor State University, Northeastern Illinois
22University, and the Board of Higher Education. However, this
23term does not apply to public employee retirement systems or
24investment boards that are subject to fiduciary duties imposed
25by the Illinois Pension Code or to the University of Illinois

 

 

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1Foundation. "State agency" does not include units of local
2government, school districts, community colleges under the
3Public Community College Act, and the Illinois Comprehensive
4Health Insurance Board.
5(Source: P.A. 90-572, eff. 2-6-98.)
 
6    (30 ILCS 500/50-13)
7    Sec. 50-13. Conflicts of interest.
8    (a) Prohibition. It is unlawful for any person holding an
9elective office in this State, holding a seat in the General
10Assembly, or appointed to or employed in any of the offices or
11agencies of State government and who receives compensation for
12such employment in excess of 60% of the salary of the Governor
13of the State of Illinois, or who is an officer or employee of
14the Capital Development Board or the Illinois Toll Highway
15Authority, or who is the spouse or minor child of any such
16person to have or acquire any contract, or any direct pecuniary
17interest in any contract therein, whether for stationery,
18printing, paper, or any services, materials, or supplies, that
19will be wholly or partially satisfied by the payment of funds
20appropriated by the General Assembly of the State of Illinois
21or in any contract of the Capital Development Board or the
22Illinois Toll Highway Authority.
23    (b) Interests. It is unlawful for any firm, partnership,
24association, or corporation, in which any person listed in
25subsection (a) is entitled to receive (i) more than 7 1/2% of

 

 

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1the total distributable income or (ii) an amount in excess of
2the salary of the Governor, to have or acquire any such
3contract or direct pecuniary interest therein.
4    (c) Combined interests. It is unlawful for any firm,
5partnership, association, or corporation, in which any person
6listed in subsection (a) together with his or her spouse or
7minor children is entitled to receive (i) more than 15%, in the
8aggregate, of the total distributable income or (ii) an amount
9in excess of 2 times the salary of the Governor, to have or
10acquire any such contract or direct pecuniary interest therein.
11    (c-5) Appointees and firms. In addition to any provisions
12of this Code, the interests of certain appointees and their
13firms are subject to Section 3A-35 of the Illinois Governmental
14Ethics Act.
15    (d) Securities. Nothing in this Section invalidates the
16provisions of any bond or other security previously offered or
17to be offered for sale or sold by or for the State of Illinois.
18    (e) Prior interests. This Section does not affect the
19validity of any contract made between the State and an officer
20or employee of the State or member of the General Assembly, his
21or her spouse, minor child, or other immediate family member
22living in his or her residence or any combination of those
23persons if that contract was in existence before his or her
24election or employment as an officer, member, or employee. The
25contract is voidable, however, if it cannot be completed within
26365 calendar days after the officer, member, or employee takes

 

 

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1office or is employed.
2    (f) Exceptions.
3        (1) Public aid payments. This Section does not apply to
4    payments made for a public aid recipient.
5        (2) Teaching. This Section does not apply to a contract
6    for personal services as a teacher or school administrator
7    between a member of the General Assembly or his or her
8    spouse, or a State officer or employee or his or her
9    spouse, and any school district, public community college
10    district, the University of Illinois, Southern Illinois
11    University at Carbondale, Southern Illinois University at
12    Edwardsville, Illinois State University, Eastern Illinois
13    University, Northern Illinois University, Western Illinois
14    University, Chicago State University, Governor State
15    University, or Northeastern Illinois University.
16        (3) Ministerial duties. This Section does not apply to
17    a contract for personal services of a wholly ministerial
18    character, including but not limited to services as a
19    laborer, clerk, typist, stenographer, page, bookkeeper,
20    receptionist, or telephone switchboard operator, made by a
21    spouse or minor child of an elective or appointive State
22    officer or employee or of a member of the General Assembly.
23        (4) Child and family services. This Section does not
24    apply to payments made to a member of the General Assembly,
25    a State officer or employee, his or her spouse or minor
26    child acting as a foster parent, homemaker, advocate, or

 

 

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1    volunteer for or in behalf of a child or family served by
2    the Department of Children and Family Services.
3        (5) Licensed professionals. Contracts with licensed
4    professionals, provided they are competitively bid or part
5    of a reimbursement program for specific, customary goods
6    and services through the Department of Children and Family
7    Services, the Department of Human Services, the Department
8    of Healthcare and Family Services, the Department of Public
9    Health, or the Department on Aging.
10    (g) Penalty. A person convicted of a violation of this
11Section is guilty of a business offense and shall be fined not
12less than $1,000 nor more than $5,000.
13(Source: P.A. 98-1076, eff. 1-1-15.)
 
14    (30 ILCS 500/50-37)
15    Sec. 50-37. Prohibition of political contributions.
16    (a) As used in this Section:
17        The terms "contract", "State contract", and "contract
18    with a State agency" each mean any contract, as defined in
19    this Code, between a business entity and a State agency let
20    or awarded pursuant to this Code. The terms "contract",
21    "State contract", and "contract with a State agency" do not
22    include cost reimbursement contracts; purchase of care
23    agreements as defined in Section 1-15.68 of this Code;
24    contracts for projects eligible for full or partial
25    federal-aid funding reimbursements authorized by the

 

 

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1    Federal Highway Administration; grants, including but are
2    not limited to grants for job training or transportation;
3    and grants, loans, or tax credit agreements for economic
4    development purposes.
5        "Contribution" means a contribution as defined in
6    Section 9-1.4 of the Election Code.
7        "Declared candidate" means a person who has filed a
8    statement of candidacy and petition for nomination or
9    election in the principal office of the State Board of
10    Elections.
11        "State agency" means and includes all boards,
12    commissions, agencies, institutions, authorities, and
13    bodies politic and corporate of the State, created by or in
14    accordance with the Illinois Constitution or State
15    statute, of the executive branch of State government and
16    does include colleges, universities, public employee
17    retirement systems, and institutions under the
18    jurisdiction of the governing boards of the University of
19    Illinois, Southern Illinois University at Carbondale,
20    Southern Illinois University at Edwardsville, Illinois
21    State University, Eastern Illinois University, Northern
22    Illinois University, Western Illinois University, Chicago
23    State University, Governors State University, Northeastern
24    Illinois University, and the Illinois Board of Higher
25    Education.
26        "Officeholder" means the Governor, Lieutenant

 

 

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1    Governor, Attorney General, Secretary of State,
2    Comptroller, or Treasurer. The Governor shall be
3    considered the officeholder responsible for awarding all
4    contracts by all officers and employees of, and potential
5    contractors and others doing business with, executive
6    branch State agencies under the jurisdiction of the
7    Executive Ethics Commission and not within the
8    jurisdiction of the Attorney General, the Secretary of
9    State, the Comptroller, or the Treasurer.
10        "Sponsoring entity" means a sponsoring entity as
11    defined in Section 9-3 of the Election Code.
12        "Affiliated person" means (i) any person with any
13    ownership interest or distributive share of the bidding or
14    contracting business entity in excess of 7.5%, (ii)
15    executive employees of the bidding or contracting business
16    entity, and (iii) the spouse of any such persons.
17    "Affiliated person" does not include a person prohibited by
18    federal law from making contributions or expenditures in
19    connection with a federal, state, or local election.
20        "Affiliated entity" means (i) any corporate parent and
21    each operating subsidiary of the bidding or contracting
22    business entity, (ii) each operating subsidiary of the
23    corporate parent of the bidding or contracting business
24    entity, (iii) any organization recognized by the United
25    States Internal Revenue Service as a tax-exempt
26    organization described in Section 501(c) of the Internal

 

 

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1    Revenue Code of 1986 (or any successor provision of federal
2    tax law) established by the bidding or contracting business
3    entity, any affiliated entity of that business entity, or
4    any affiliated person of that business entity, or (iv) any
5    political committee for which the bidding or contracting
6    business entity, or any 501(c) organization described in
7    item (iii) related to that business entity, is the
8    sponsoring entity. "Affiliated entity" does not include an
9    entity prohibited by federal law from making contributions
10    or expenditures in connection with a federal, state, or
11    local election.
12        "Business entity" means any entity doing business for
13    profit, whether organized as a corporation, partnership,
14    sole proprietorship, limited liability company or
15    partnership, or otherwise.
16        "Executive employee" means (i) the President,
17    Chairman, or Chief Executive Officer of a business entity
18    and any other individual that fulfills equivalent duties as
19    the President, Chairman of the Board, or Chief Executive
20    Officer of a business entity; and (ii) any employee of a
21    business entity whose compensation is determined directly,
22    in whole or in part, by the award or payment of contracts
23    by a State agency to the entity employing the employee. A
24    regular salary that is paid irrespective of the award or
25    payment of a contract with a State agency shall not
26    constitute "compensation" under item (ii) of this

 

 

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1    definition. "Executive employee" does not include any
2    person prohibited by federal law from making contributions
3    or expenditures in connection with a federal, state, or
4    local election.
5    (b) Any business entity whose contracts with State
6agencies, in the aggregate, annually total more than $50,000,
7and any affiliated entities or affiliated persons of such
8business entity, are prohibited from making any contributions
9to any political committees established to promote the
10candidacy of (i) the officeholder responsible for awarding the
11contracts or (ii) any other declared candidate for that office.
12This prohibition shall be effective for the duration of the
13term of office of the incumbent officeholder awarding the
14contracts or for a period of 2 years following the expiration
15or termination of the contracts, whichever is longer.
16    (c) Any business entity whose aggregate pending bids and
17offers on State contracts total more than $50,000, or whose
18aggregate pending bids and offers on State contracts combined
19with the business entity's aggregate annual total value of
20State contracts exceed $50,000, and any affiliated entities or
21affiliated persons of such business entity, are prohibited from
22making any contributions to any political committee
23established to promote the candidacy of the officeholder
24responsible for awarding the contract on which the business
25entity has submitted a bid or offer during the period beginning
26on the date the invitation for bids, request for proposals, or

 

 

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1any other procurement opportunity is issued and ending on the
2day after the date the contract is awarded.
3    (c-5) For the purposes of the prohibitions under
4subsections (b) and (c) of this Section, (i) any contribution
5made to a political committee established to promote the
6candidacy of the Governor or a declared candidate for the
7office of Governor shall also be considered as having been made
8to a political committee established to promote the candidacy
9of the Lieutenant Governor, in the case of the Governor, or the
10declared candidate for Lieutenant Governor having filed a joint
11petition, or write-in declaration of intent, with the declared
12candidate for Governor, as applicable, and (ii) any
13contribution made to a political committee established to
14promote the candidacy of the Lieutenant Governor or a declared
15candidate for the office of Lieutenant Governor shall also be
16considered as having been made to a political committee
17established to promote the candidacy of the Governor, in the
18case of the Lieutenant Governor, or the declared candidate for
19Governor having filed a joint petition, or write-in declaration
20of intent, with the declared candidate for Lieutenant Governor,
21as applicable.
22    (d) All contracts between State agencies and a business
23entity that violate subsection (b) or (c) shall be voidable
24under Section 50-60. If a business entity violates subsection
25(b) 3 or more times within a 36-month period, then all
26contracts between State agencies and that business entity shall

 

 

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1be void, and that business entity shall not bid or respond to
2any invitation to bid or request for proposals from any State
3agency or otherwise enter into any contract with any State
4agency for 3 years from the date of the last violation. A
5notice of each violation and the penalty imposed shall be
6published in both the Procurement Bulletin and the Illinois
7Register.
8    (e) Any political committee that has received a
9contribution in violation of subsection (b) or (c) shall pay an
10amount equal to the value of the contribution to the State no
11more than 30 calendar days after notice of the violation
12concerning the contribution appears in the Illinois Register.
13Payments received by the State pursuant to this subsection
14shall be deposited into the general revenue fund.
15(Source: P.A. 97-411, eff. 8-16-11; 98-1076, eff. 1-1-15.)
 
16    Section 100. The Business Enterprise for Minorities,
17Females, and Persons with Disabilities Act is amended by
18changing Section 2 as follows:
 
19    (30 ILCS 575/2)
20    (Section scheduled to be repealed on June 30, 2020)
21    Sec. 2. Definitions.
22    (A) For the purpose of this Act, the following terms shall
23have the following definitions:
24        (1) "Minority person" shall mean a person who is a

 

 

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1    citizen or lawful permanent resident of the United States
2    and who is any of the following:
3            (a) American Indian or Alaska Native (a person
4        having origins in any of the original peoples of North
5        and South America, including Central America, and who
6        maintains tribal affiliation or community attachment).
7            (b) Asian (a person having origins in any of the
8        original peoples of the Far East, Southeast Asia, or
9        the Indian subcontinent, including, but not limited
10        to, Cambodia, China, India, Japan, Korea, Malaysia,
11        Pakistan, the Philippine Islands, Thailand, and
12        Vietnam).
13            (c) Black or African American (a person having
14        origins in any of the black racial groups of Africa).
15        Terms such as "Haitian" or "Negro" can be used in
16        addition to "Black or African American".
17            (d) Hispanic or Latino (a person of Cuban, Mexican,
18        Puerto Rican, South or Central American, or other
19        Spanish culture or origin, regardless of race).
20            (e) Native Hawaiian or Other Pacific Islander (a
21        person having origins in any of the original peoples of
22        Hawaii, Guam, Samoa, or other Pacific Islands).
23        (2) "Woman" shall mean a person who is a citizen or
24    lawful permanent resident of the United States and who is
25    of the female gender.
26        (2.05) "Person with a disability" means a person who is

 

 

HB5861- 116 -LRB100 21543 AXK 38472 b

1    a citizen or lawful resident of the United States and is a
2    person qualifying as a person with a disability under
3    subdivision (2.1) of this subsection (A).
4        (2.1) "Person with a disability" means a person with a
5    severe physical or mental disability that:
6            (a) results from:
7            amputation,
8            arthritis,
9            autism,
10            blindness,
11            burn injury,
12            cancer,
13            cerebral palsy,
14            Crohn's disease,
15            cystic fibrosis,
16            deafness,
17            head injury,
18            heart disease,
19            hemiplegia,
20            hemophilia,
21            respiratory or pulmonary dysfunction,
22            an intellectual disability,
23            mental illness,
24            multiple sclerosis,
25            muscular dystrophy,
26            musculoskeletal disorders,

 

 

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1            neurological disorders, including stroke and
2        epilepsy,
3            paraplegia,
4            quadriplegia and other spinal cord conditions,
5            sickle cell anemia,
6            ulcerative colitis,
7            specific learning disabilities, or
8            end stage renal failure disease; and
9            (b) substantially limits one or more of the
10        person's major life activities.
11        Another disability or combination of disabilities may
12    also be considered as a severe disability for the purposes
13    of item (a) of this subdivision (2.1) if it is determined
14    by an evaluation of rehabilitation potential to cause a
15    comparable degree of substantial functional limitation
16    similar to the specific list of disabilities listed in item
17    (a) of this subdivision (2.1).
18        (3) "Minority-owned business" means a business which
19    is at least 51% owned by one or more minority persons, or
20    in the case of a corporation, at least 51% of the stock in
21    which is owned by one or more minority persons; and the
22    management and daily business operations of which are
23    controlled by one or more of the minority individuals who
24    own it.
25        (4) "Women-owned business" means a business which is at
26    least 51% owned by one or more women, or, in the case of a

 

 

HB5861- 118 -LRB100 21543 AXK 38472 b

1    corporation, at least 51% of the stock in which is owned by
2    one or more women; and the management and daily business
3    operations of which are controlled by one or more of the
4    women who own it.
5        (4.1) "Business owned by a person with a disability"
6    means a business that is at least 51% owned by one or more
7    persons with a disability and the management and daily
8    business operations of which are controlled by one or more
9    of the persons with disabilities who own it. A
10    not-for-profit agency for persons with disabilities that
11    is exempt from taxation under Section 501 of the Internal
12    Revenue Code of 1986 is also considered a "business owned
13    by a person with a disability".
14        (4.2) "Council" means the Business Enterprise Council
15    for Minorities, Women, and Persons with Disabilities
16    created under Section 5 of this Act.
17        (5) "State contracts" means all contracts entered into
18    by the State, any agency or department thereof, or any
19    public institution of higher education, including
20    community college districts, regardless of the source of
21    the funds with which the contracts are paid, which are not
22    subject to federal reimbursement. "State contracts" does
23    not include contracts awarded by a retirement system,
24    pension fund, or investment board subject to Section
25    1-109.1 of the Illinois Pension Code. This definition shall
26    control over any existing definition under this Act or

 

 

HB5861- 119 -LRB100 21543 AXK 38472 b

1    applicable administrative rule.
2        "State construction contracts" means all State
3    contracts entered into by a State agency or public
4    institution of higher education for the repair,
5    remodeling, renovation or construction of a building or
6    structure, or for the construction or maintenance of a
7    highway defined in Article 2 of the Illinois Highway Code.
8        (6) "State agencies" shall mean all departments,
9    officers, boards, commissions, institutions and bodies
10    politic and corporate of the State, but does not include
11    the Board of Trustees of the University of Illinois, the
12    Board of Trustees of Southern Illinois University at
13    Carbondale, the Board of Trustees of Southern Illinois
14    University at Edwardsville, the Board of Trustees of
15    Chicago State University, the Board of Trustees of Eastern
16    Illinois University, the Board of Trustees of Governors
17    State University, the Board of Trustees of Illinois State
18    University, the Board of Trustees of Northeastern Illinois
19    University, the Board of Trustees of Northern Illinois
20    University, the Board of Trustees of Western Illinois
21    University, municipalities or other local governmental
22    units, or other State constitutional officers.
23        (7) "Public institutions of higher education" means
24    the University of Illinois, Southern Illinois University
25    at Carbondale, the Board of Trustees of Southern Illinois
26    University at Edwardsville, Chicago State University,

 

 

HB5861- 120 -LRB100 21543 AXK 38472 b

1    Eastern Illinois University, Governors State University,
2    Illinois State University, Northeastern Illinois
3    University, Northern Illinois University, Western Illinois
4    University, the public community colleges of the State, and
5    any other public universities, colleges, and community
6    colleges now or hereafter established or authorized by the
7    General Assembly.
8        (8) "Certification" means a determination made by the
9    Council or by one delegated authority from the Council to
10    make certifications, or by a State agency with statutory
11    authority to make such a certification, that a business
12    entity is a business owned by a minority, woman, or person
13    with a disability for whatever purpose. A business owned
14    and controlled by women shall be certified as a
15    "woman-owned business". A business owned and controlled by
16    women who are also minorities shall be certified as both a
17    "women-owned business" and a "minority-owned business".
18        (9) "Control" means the exclusive or ultimate and sole
19    control of the business including, but not limited to,
20    capital investment and all other financial matters,
21    property, acquisitions, contract negotiations, legal
22    matters, officer-director-employee selection and
23    comprehensive hiring, operating responsibilities,
24    cost-control matters, income and dividend matters,
25    financial transactions and rights of other shareholders or
26    joint partners. Control shall be real, substantial and

 

 

HB5861- 121 -LRB100 21543 AXK 38472 b

1    continuing, not pro forma. Control shall include the power
2    to direct or cause the direction of the management and
3    policies of the business and to make the day-to-day as well
4    as major decisions in matters of policy, management and
5    operations. Control shall be exemplified by possessing the
6    requisite knowledge and expertise to run the particular
7    business and control shall not include simple majority or
8    absentee ownership.
9        (10) "Business" means a business that has annual gross
10    sales of less than $75,000,000 as evidenced by the federal
11    income tax return of the business. A firm with gross sales
12    in excess of this cap may apply to the Council for
13    certification for a particular contract if the firm can
14    demonstrate that the contract would have significant
15    impact on businesses owned by minorities, women, or persons
16    with disabilities as suppliers or subcontractors or in
17    employment of minorities, women, or persons with
18    disabilities.
19        (11) "Utilization plan" means a form and additional
20    documentations included in all bids or proposals that
21    demonstrates a vendor's proposed utilization of vendors
22    certified by the Business Enterprise Program to meet the
23    targeted goal. The utilization plan shall demonstrate that
24    the Vendor has either: (1) met the entire contract goal or
25    (2) requested a full or partial waiver and made good faith
26    efforts towards meeting the goal.

 

 

HB5861- 122 -LRB100 21543 AXK 38472 b

1        (12) "Business Enterprise Program" means the Business
2    Enterprise Program of the Department of Central Management
3    Services.
4    (B) When a business is owned at least 51% by any
5combination of minority persons, women, or persons with
6disabilities, even though none of the 3 classes alone holds at
7least a 51% interest, the ownership requirement for purposes of
8this Act is considered to be met. The certification category
9for the business is that of the class holding the largest
10ownership interest in the business. If 2 or more classes have
11equal ownership interests, the certification category shall be
12determined by the business.
13(Source: P.A. 99-143, eff. 7-27-15; 99-462, eff. 8-25-15;
1499-642, eff. 7-28-16; 100-391, eff. 8-25-17.)
 
15    Section 105. The Build Illinois Act is amended by changing
16Section 1-3 as follows:
 
17    (30 ILCS 750/1-3)  (from Ch. 127, par. 2701-3)
18    Sec. 1-3. The following agencies, boards and entities of
19State government may expend appropriations for the purposes
20contained in this Act: Department of Natural Resources;
21Department of Agriculture; Illinois Finance Authority; Capital
22Development Board; Department of Transportation; Department of
23Central Management Services; Illinois Arts Council;
24Environmental Protection Agency; Historic Preservation Agency;

 

 

HB5861- 123 -LRB100 21543 AXK 38472 b

1State Board of Higher Education; the Metropolitan Pier and
2Exposition Authority; State Board of Education; Illinois
3Community College Board; Board of Trustees of the University of
4Illinois; Board of Trustees of Chicago State University; Board
5of Trustees of Eastern Illinois University; Board of Trustees
6of Governors State University; Board of Trustees of Illinois
7State University; Board of Trustees of Northeastern Illinois
8University; Board of Trustees of Northern Illinois University;
9Board of Trustees of Western Illinois University; and Board of
10Trustees of Southern Illinois University at Carbondale; and
11Board of Trustees of Southern Illinois University at
12Edwardsville.
13(Source: P.A. 93-205, eff. 1-1-04.)
 
14    Section 110. The Illinois Pension Code is amended by
15changing Sections 15-106 and 24-109 as follows:
 
16    (40 ILCS 5/15-106)  (from Ch. 108 1/2, par. 15-106)
17    Sec. 15-106. Employer. "Employer": The University of
18Illinois, Southern Illinois University at Carbondale, Southern
19Illinois University at Edwardsville, Chicago State University,
20Eastern Illinois University, Governors State University,
21Illinois State University, Northeastern Illinois University,
22Northern Illinois University, Western Illinois University, the
23State Board of Higher Education, the Illinois Mathematics and
24Science Academy, the University Civil Service Merit Board, the

 

 

HB5861- 124 -LRB100 21543 AXK 38472 b

1Board of Trustees of the State Universities Retirement System,
2the Illinois Community College Board, community college
3boards, any association of community college boards organized
4under Section 3-55 of the Public Community College Act, the
5Board of Examiners established under the Illinois Public
6Accounting Act, and, only during the period for which employer
7contributions required under Section 15-155 are paid, the
8following organizations: the alumni associations, the
9foundations and the athletic associations which are affiliated
10with the universities and colleges included in this Section as
11employers. An individual who begins employment on or after the
12effective date of this amendatory Act of the 99th General
13Assembly with any association of community college boards
14organized under Section 3-55 of the Public Community College
15Act, the Association of Illinois Middle-Grade Schools, the
16Illinois Association of School Administrators, the Illinois
17Association for Supervision and Curriculum Development, the
18Illinois Principals Association, the Illinois Association of
19School Business Officials, the Illinois Special Olympics, or an
20entity not defined as an employer in this Section shall not be
21deemed an employee for the purposes of this Article with
22respect to that employment and shall not be eligible to
23participate in the System with respect to that employment;
24provided, however, that those individuals who are both employed
25by such an entity and are participating in the System with
26respect to that employment on the effective date of this

 

 

HB5861- 125 -LRB100 21543 AXK 38472 b

1amendatory Act of the 99th General Assembly shall be allowed to
2continue as participants in the System for the duration of that
3employment.
4    A department as defined in Section 14-103.04 is an employer
5for any person appointed by the Governor under the Civil
6Administrative Code of Illinois who is a participating employee
7as defined in Section 15-109. The Department of Central
8Management Services is an employer with respect to persons
9employed by the State Board of Higher Education in positions
10with the Illinois Century Network as of June 30, 2004 who
11remain continuously employed after that date by the Department
12of Central Management Services in positions with the Illinois
13Century Network, the Bureau of Communication and Computer
14Services, or, if applicable, any successor bureau.
15    The cities of Champaign and Urbana shall be considered
16employers, but only during the period for which contributions
17are required to be made under subsection (b-1) of Section
1815-155 and only with respect to individuals described in
19subsection (h) of Section 15-107.
20(Source: P.A. 99-830, eff. 1-1-17; 99-897, eff. 1-1-17.)
 
21    (40 ILCS 5/24-109)  (from Ch. 108 1/2, par. 24-109)
22    Sec. 24-109. Football Coaches.
23    (a) Any football coach employed by the Board of Trustees of
24Chicago State University, the Board of Trustees of Eastern
25Illinois University, the Board of Trustees of Governors State

 

 

HB5861- 126 -LRB100 21543 AXK 38472 b

1University, the Board of Trustees of Illinois State University,
2the Board of Trustees of Northeastern Illinois University, the
3Board of Trustees of Northern Illinois University, the Board of
4Trustees of Western Illinois University, the University of
5Illinois Board of Trustees, or the Board of Trustees of
6Southern Illinois University at Carbondale, or the Board of
7Trustees of Southern Illinois University at Edwardsville
8System Board of Trustees, may participate in the American
9Football Coaches Retirement Trust in accordance with the
10conditions of that Trust, of this Section, and of applicable
11federal law.
12    (b) A football coach who elects to participate in the Trust
13may defer a part of his compensation as a coach by making
14employee contributions to the Trust. Amounts deferred by the
15coach under this Section shall be deemed a part of the coach's
16compensation for purposes of participation in the State
17Universities Retirement System but, in accordance with the U.S.
18Internal Revenue Code of 1986, shall not be included in the
19computation of federal income taxes withheld on behalf of the
20coach. The employing institution of higher education shall not
21make any employer contributions to the Trust on behalf of the
22coach.
23    (c) A football coach who participates in the Trust may not
24participate in any other program of deferred compensation under
25this Article during any year in which he makes contributions to
26the Trust.

 

 

HB5861- 127 -LRB100 21543 AXK 38472 b

1    (d) Participation in the Trust shall be administered by the
2institution of higher education that employs the coach. Each
3such institution shall report annually to the General Assembly
4on the status of the Trust and participation under this
5Section.
6    (e) The right to participate in the Trust that is granted
7by this Section is subject to future limitation, and shall not
8be deemed to be a pension benefit that is protected from
9impairment under Section 5 of Article XIII of the Illinois
10Constitution.
11(Source: P.A. 90-14, eff. 7-1-97.)
 
12    Section 115. The Counties Code is amended by changing
13Section 4-2001 as follows:
 
14    (55 ILCS 5/4-2001)  (from Ch. 34, par. 4-2001)
15    Sec. 4-2001. State's attorney salaries.
16    (a) There shall be allowed to the several state's attorneys
17in this State, except the state's attorney of Cook County, the
18following annual salary:
19        (1) Subject to paragraph (5), to each state's attorney
20    in counties containing less than 10,000 inhabitants,
21    $40,500 until December 31, 1988, $45,500 until June 30,
22    1994, and $55,500 thereafter or as set by the Compensation
23    Review Board, whichever is greater.
24        (2) Subject to paragraph (5), to each state's attorney

 

 

HB5861- 128 -LRB100 21543 AXK 38472 b

1    in counties containing 10,000 or more inhabitants but less
2    than 20,000 inhabitants, $46,500 until December 31, 1988,
3    $61,500 until June 30, 1994, and $71,500 thereafter or as
4    set by the Compensation Review Board, whichever is greater.
5        (3) Subject to paragraph (5), to each state's attorney
6    in counties containing 20,000 or more but less than 30,000
7    inhabitants, $51,000 until December 31, 1988, $65,000
8    until June 30, 1994, and $75,000 thereafter or as set by
9    the Compensation Review Board, whichever is greater.
10        (4) To each state's attorney in counties of 30,000 or
11    more inhabitants, $65,500 until December 31, 1988, $80,000
12    until June 30, 1994, and $96,837 thereafter or as set by
13    the Compensation Review Board, whichever is greater.
14        (5) Effective December 1, 2000, to each state's
15    attorney in counties containing fewer than 30,000
16    inhabitants, the same salary plus any cost of living
17    adjustments as authorized by the Compensation Review Board
18    to take effect after January 1, 1999, for state's attorneys
19    in counties containing 20,000 or more but fewer than 30,000
20    inhabitants, or as set by the Compensation Review Board
21    whichever is greater.
22    The State shall furnish 66 2/3% of the total annual
23compensation to be paid to each state's attorney in Illinois
24based on the salary in effect on December 31, 1988, and 100% of
25the increases in salary taking effect after December 31, 1988.
26    Subject to appropriation, said amounts furnished by the

 

 

HB5861- 129 -LRB100 21543 AXK 38472 b

1State shall be payable monthly by the Department of Revenue out
2of the Personal Property Tax Replacement Fund or the General
3Revenue Fund to the county in which each state's attorney is
4elected.
5    Each county shall be required to furnish 33 1/3% of the
6total annual compensation to be paid to each state's attorney
7in Illinois based on the salary in effect on December 31, 1988.
8     Within 90 days after the effective date of this amendatory
9Act of the 96th General Assembly, the county board of any
10county with a population between 15,000 and 50,000 by
11resolution or ordinance may increase the amount of compensation
12to be paid to each eligible state's attorney in their county in
13the form of a longevity stipend which shall be added to and
14become part of the salary of the state's attorney for that
15year. To be eligible, the state's attorney must have served in
16the elected position for at least 20 continuous years and elect
17to participate in a program for an alternative annuity for
18county officers and make the required additional optional
19contributions as authorized by P.A. 90-32.
20    (b) Effective December 1, 2000, no state's attorney may
21engage in the private practice of law. However, until November
2230, 2000, (i) the state's attorneys in counties containing
23fewer than 10,000 inhabitants may engage in the practice of
24law, and (ii) in any county between 10,000 and 30,000
25inhabitants or in any county containing 30,000 or more
26inhabitants which reached that population between 1970 and

 

 

HB5861- 130 -LRB100 21543 AXK 38472 b

1December 31, 1981, the state's attorney may declare his or her
2intention to engage in the private practice of law, and may do
3so through no later than November 30, 2000, by filing a written
4declaration of intent to engage in the private practice of law
5with the county clerk. The declaration of intention shall be
6irrevocable during the remainder of the term of office. The
7declaration shall be filed with the county clerk within 30 days
8of certification of election or appointment, or within 60 days
9of March 15, 1989, whichever is later. In that event the annual
10salary of such state's attorney shall be as follows:
11        (1) In counties containing 10,000 or more inhabitants
12    but less than 20,000 inhabitants, $46,500 until December
13    31, 1988, $51,500 until June 30, 1994, and $61,500
14    thereafter or as set by the Compensation Review Board,
15    whichever is greater. The State shall furnish 100% of the
16    increases taking effect after December 31, 1988.
17        (2) In counties containing 20,000 or more inhabitants
18    but less than 30,000 inhabitants, and in counties
19    containing 30,000 or more inhabitants which reached said
20    population between 1970 and December 31, 1981, $51,500
21    until December 31, 1988, $56,000 until June 30, 1994, and
22    $65,000 thereafter or as set by the Compensation Review
23    Board, whichever is greater. The State shall furnish 100%
24    of the increases taking effect after December 31, 1988.
25    (c) In counties where a state mental health institution, as
26hereinafter defined, is located, one assistant state's

 

 

HB5861- 131 -LRB100 21543 AXK 38472 b

1attorney shall, subject to appropriation, receive for his
2services, payable monthly by the Department of Revenue out of
3the Personal Property Tax Replacement Fund or the General
4Revenue Fund to the county in which he is appointed, the
5following:
6        (1) To each assistant state's attorney in counties
7    containing less than 10,000 inhabitants, the sum of $2,500
8    per annum;
9        (2) To each assistant state's attorney in counties
10    containing not less than 10,000 inhabitants and not more
11    than 20,000 inhabitants, the sum of $3,500 per annum;
12        (3) To each assistant state's attorney in counties
13    containing not less than 20,000 inhabitants and not more
14    than 30,000 inhabitants, the sum of $4,000 per annum;
15        (4) To each assistant state's attorney in counties
16    containing not less than 30,000 inhabitants and not more
17    than 40,000 inhabitants, the sum of $4,500 per annum;
18        (5) To each assistant state's attorney in counties
19    containing not less than 40,000 inhabitants and not more
20    than 70,000 inhabitants, the sum of $5,000 per annum;
21        (6) To each assistant state's attorney in counties
22    containing not less than 70,000 inhabitants and not more
23    than 1,000,000 inhabitants, the sum of $6,000 per annum.
24    (d) The population of all counties for the purpose of
25fixing salaries as herein provided shall be based upon the last
26Federal census immediately previous to the appointment of an

 

 

HB5861- 132 -LRB100 21543 AXK 38472 b

1assistant state's attorney in each county.
2    (e) At the request of the county governing authority, in
3counties where one or more state correctional institutions, as
4hereinafter defined, are located, one or more assistant state's
5attorneys shall, subject to appropriation, receive for their
6services, provided that such services are performed in
7connection with the state correctional institution, payable
8monthly by the Department of Revenue out of the Personal
9Property Tax Replacement Fund or the General Revenue Fund to
10the county in which they are appointed, the following:
11        (1) $22,000 for each assistant state's attorney in
12    counties with one or more State correctional institutions
13    with a total average daily inmate population in excess of
14    2,000, on the basis of 2 assistant state's attorneys when
15    the total average daily inmate population exceeds 2,000 but
16    is less than 4,000; and 3 assistant state's attorneys when
17    such population exceeds 4,000; with reimbursement to be
18    based on actual services rendered.
19        (2) $15,000 per year for one assistant state's attorney
20    in counties having one or more correctional institutions
21    with a total average daily inmate population of between 750
22    and 2,000 inmates, with reimbursement to be based on actual
23    services rendered.
24        (3) A maximum of $12,000 per year for one assistant
25    state's attorney in counties having less than 750 inmates,
26    with reimbursement to be based on actual services rendered.

 

 

HB5861- 133 -LRB100 21543 AXK 38472 b

1        Upon application of the county governing authority and
2    certification of the State's Attorney, the Director of
3    Corrections may, in his discretion and subject to
4    appropriation, increase the amount of salary reimbursement
5    to a county in the event special circumstances require the
6    county to incur extraordinary salary expenditures as a
7    result of services performed in connection with State
8    correctional institutions in that county.
9    In determining whether or not to increase the amount of
10salary reimbursement, the Director shall consider, among other
11matters:
12        (1) the nature of the services rendered;
13        (2) the results or dispositions obtained;
14        (3) whether or not the county was required to employ
15    additional attorney personnel as a direct result of the
16    services actually rendered in connection with a particular
17    service to a State correctional institution.
18    (f) In counties where a State senior institution of higher
19education is located, the assistant state's attorneys
20specified by this Section shall, subject to appropriation,
21receive for their services, payable monthly by the Department
22of Revenue out of the Personal Property Tax Replacement Fund or
23the General Revenue Fund to the county in which appointed, the
24following:
25        (1) $14,000 per year each for employment on a full time
26    basis for 2 assistant state's attorneys in counties having

 

 

HB5861- 134 -LRB100 21543 AXK 38472 b

1    a State university or State universities with combined full
2    time enrollment of more than 15,000 students.
3        (2) $7,200 per year for one assistant state's attorney
4    with no limitation on other practice in counties having a
5    State university or State universities with combined full
6    time enrollment of 10,000 to 15,000 students.
7        (3) $4,000 per year for one assistant state's attorney
8    with no limitation on other practice in counties having a
9    State university or State universities with combined full
10    time enrollment of less than 10,000 students.
11    Such salaries shall be paid to the state's attorney and the
12assistant state's attorney in equal monthly installments by
13such county out of the county treasury provided that, subject
14to appropriation, the Department of Revenue shall reimburse
15each county monthly, out of the Personal Property Tax
16Replacement Fund or the General Revenue Fund, the amount of
17such salary. This Section shall not prevent the payment of such
18additional compensation to the state's attorney or assistant
19state's attorney of any county, out of the treasury of that
20county as may be provided by law.
21    (g) For purposes of this Section, "State mental health
22institution" means any institution under the jurisdiction of
23the Department of Human Services that is listed in Section 4 of
24the Mental Health and Developmental Disabilities
25Administrative Act.
26    For purposes of this Section, "State correctional

 

 

HB5861- 135 -LRB100 21543 AXK 38472 b

1institution" means any facility of the Department of
2Corrections including adult facilities, juvenile facilities,
3pre-release centers, community correction centers, and work
4camps.
5    For purposes of this Section, "State university" means the
6University of Illinois, Southern Illinois University at
7Carbondale, Southern Illinois University at Edwardsville,
8Chicago State University, Eastern Illinois University,
9Governors State University, Illinois State University,
10Northeastern Illinois University, Northern Illinois
11University, Western Illinois University, and any public
12community college which has established a program of
13interinstitutional cooperation with one of the foregoing
14institutions whereby a student, after earning an associate
15degree from the community college, pursues a course of study at
16the community college campus leading to a baccalaureate degree
17from the foregoing institution (also known as a "2 Plus 2"
18degree program).
19    (h) A number of assistant state's attorneys shall be
20appointed in each county that chooses to participate, as
21provided in this subsection, for the prosecution of
22alcohol-related traffic offenses. Each county shall receive
23monthly a subsidy for payment of the salaries and benefits of
24these assistant state's attorneys from State funds
25appropriated to the Department of Revenue out of the Personal
26Property Tax Replacement Fund or the General Revenue Fund for

 

 

HB5861- 136 -LRB100 21543 AXK 38472 b

1that purpose. The amounts of subsidies provided by this
2subsection shall be adjusted for inflation each July 1 using
3the Consumer Price Index of the Bureau of Labor Statistics of
4the U.S. Department of Labor.
5    When a county chooses to participate in the subsidy program
6described in this subsection (h), the number of assistant
7state's attorneys who are prosecuting alcohol-related traffic
8offenses must increase according to the subsidy provided in
9this subsection. These appointed assistant state's attorneys
10shall be in addition to any other assistant state's attorneys
11assigned to those cases on the effective date of this
12amendatory Act of the 91st General Assembly, and may not
13replace those assistant state's attorneys. In counties where
14the state's attorney is the sole prosecutor, this subsidy shall
15be used to provide an assistant state's attorney to prosecute
16alcohol-related traffic offenses along with the state's
17attorney. In counties where the state's attorney is the sole
18prosecutor, and in counties where a judge presides over cases
19involving a variety of misdemeanors, including alcohol-related
20traffic matters, assistant state's attorneys appointed and
21subsidized by this subsection (h) may also prosecute the
22different misdemeanor cases at the direction of the state's
23attorney.
24    Assistant state's attorneys shall be appointed under this
25subsection in the following number and counties shall receive
26the following annual subsidies:

 

 

HB5861- 137 -LRB100 21543 AXK 38472 b

1        (1) In counties with fewer than 30,000 inhabitants, one
2    at $35,000.
3        (2) In counties with 30,000 or more but fewer than
4    100,000 inhabitants, one at $45,000.
5        (3) In counties with 100,000 or more but fewer than
6    300,000 inhabitants, 2 at $45,000 each.
7        (4) In counties, other than Cook County, with 300,000
8    or more inhabitants, 4 at $50,000 each.
9    The amounts appropriated under this Section must be
10segregated by population classification and disbursed monthly.
11    If in any year the amount appropriated for the purposes of
12this subsection (h) is insufficient to pay all of the subsidies
13specified in this subsection, the amount appropriated shall
14first be prorated by the population classifications of this
15subsection (h) and then among the counties choosing to
16participate within each of those classifications. If any of the
17appropriated moneys for each population classification remain
18at the end of a fiscal year, the remainder of the moneys may be
19allocated to participating counties that were not fully funded
20during the course of the year. Nothing in this subsection
21prohibits 2 or more State's attorneys from combining their
22subsidies to appoint a joint assistant State's attorney to
23prosecute alcohol-related traffic offenses in multiple
24counties. Nothing in this subsection prohibits a State's
25attorney from appointing an assistant State's attorney by
26contract or otherwise.

 

 

HB5861- 138 -LRB100 21543 AXK 38472 b

1(Source: P.A. 96-259, eff. 8-11-09; 97-72, eff. 7-1-11.)
 
2    Section 120. The Municipal Tax Compliance Act is amended by
3changing Section 4 as follows:
 
4    (65 ILCS 80/4)  (from Ch. 24, par. 1554)
5    Sec. 4. As used in this Act, except when the context
6otherwise requires:
7    (a) "Public institution of higher education" means the
8University of Illinois; Southern Illinois University at
9Carbondale; Southern Illinois University at Edwardsville;
10Chicago State University; Eastern Illinois University;
11Governors State University; Illinois State University;
12Northeastern Illinois University; Northern Illinois
13University; Western Illinois University; the public community
14colleges of the State and any other public universities,
15colleges and community colleges now or hereafter established or
16authorized by law.
17    (b) "Hotel", "operator", "occupancy", "room" or "rooms",
18"permanent resident" and "rental" each shall have the
19respective meanings ascribed thereto by Section 2 of The Hotel
20Operator's Occupation Tax Act, except that the term "hotel"
21shall also include dormitories, student unions and student
22centers owned, leased or operated by public institutions of
23higher education.
24    (c) "Parking spaces" means spaces provided and furnished

 

 

HB5861- 139 -LRB100 21543 AXK 38472 b

1for persons to park motor vehicles with or without a charge by
2a public institution of higher education under the control of
3such public institution of higher education.
4    (d) "Student performances" means theatricals, shows,
5motion picture shows, or live performances when such
6theatricals, shows, motion picture shows or live performances
7are sponsored by a public institution of higher education or a
8student organization recognized by a public institution of
9higher education or in which students enrolled in a public
10institution of higher education constitute more than 50% of the
11performers. Student performances shall not include
12performances which take place within the physical boundaries of
13a public institution of higher education and are sponsored in
14whole or in part by any individual or business entity which is
15not a student, a public institution of higher education, a
16recognized student organization or an employee of said public
17institution of higher education or where an individual or
18business entity rents or leases a building owned by a public
19institution of higher education for the purpose of the staging
20of such a performance.
21    (e) "Student athletic contests" means any athletic contest
22sanctioned and performed under the auspices of the National
23Collegiate Athletic Association or the National Association of
24Intercollegiate Athletics or any athletic contest sanctioned
25or performed under the auspices of a public institution of
26higher education as defined herein.

 

 

HB5861- 140 -LRB100 21543 AXK 38472 b

1(Source: P.A. 89-4, eff. 1-1-96.)
 
2    Section 125. The Hospital District Law is amended by
3changing Section 15 as follows:
 
4    (70 ILCS 910/15)  (from Ch. 23, par. 1265)
5    Sec. 15. A Hospital District shall constitute a municipal
6corporation and body politic separate and apart from any other
7municipality, the State of Illinois or any other public or
8governmental agency and shall have and exercise the following
9governmental powers, and all other powers incidental,
10necessary, convenient, or desirable to carry out and effectuate
11such express powers.
12    1. To establish and maintain a hospital and hospital
13facilities within or outside its corporate limits, and to
14construct, acquire, develop, expand, extend and improve any
15such hospital or hospital facility. If a Hospital District
16utilizes its authority to levy a tax pursuant to Section 20 of
17this Act for the purpose of establishing and maintaining
18hospitals or hospital facilities, such District shall be
19prohibited from establishing and maintaining hospitals or
20hospital facilities located outside of its district unless so
21authorized by referendum. To approve the provision of any
22service and to approve any contract or other arrangement not
23prohibited by a hospital licensed under the Hospital Licensing
24Act, incorporated under the General Not-For-Profit Corporation

 

 

HB5861- 141 -LRB100 21543 AXK 38472 b

1Act, and exempt from taxation under paragraph (3) of subsection
2(c) of Section 501 of the Internal Revenue Code.
3    2. To acquire land in fee simple, rights in land and
4easements upon, over or across land and leasehold interests in
5land and tangible and intangible personal property used or
6useful for the location, establishment, maintenance,
7development, expansion, extension or improvement of any such
8hospital or hospital facility. Such acquisition may be by
9dedication, purchase, gift, agreement, lease, use or adverse
10possession or by condemnation.
11    3. To operate, maintain and manage such hospital and
12hospital facility, and to make and enter into contracts for the
13use, operation or management of and to provide rules and
14regulations for the operation, management or use of such
15hospital or hospital facility.
16    Such contracts may include the lease by the District of all
17or any portion of its facilities to a not-for-profit
18corporation organized by the District's board of directors. The
19rent to be paid pursuant to any such lease shall be in an
20amount deemed appropriate by the board of directors. Any of the
21remaining assets which are not the subject of such a lease may
22be conveyed and transferred to the not-for-profit corporation
23organized by the District's board of directors provided that
24the not-for-profit corporation agrees to discharge or assume
25such debts, liabilities, and obligations of the District as
26determined to be appropriate by the District's board of

 

 

HB5861- 142 -LRB100 21543 AXK 38472 b

1directors.
2    4. To fix, charge and collect reasonable fees and
3compensation for the use or occupancy of such hospital or any
4part thereof, or any hospital facility, and for nursing care,
5medicine, attendance, or other services furnished by such
6hospital or hospital facilities, according to the rules and
7regulations prescribed by the board from time to time.
8    5. To borrow money and to issue general obligation bonds,
9revenue bonds, notes, certificates, or other evidences of
10indebtedness for the purpose of accomplishing any of its
11corporate purposes, subject to compliance with any conditions
12or limitations set forth in this Act or the Health Facilities
13Planning Act or otherwise provided by the constitution of the
14State of Illinois and to execute, deliver, and perform
15mortgages and security agreements to secure such borrowing.
16    6. To employ or enter into contracts for the employment of
17any person, firm, or corporation, and for professional
18services, necessary or desirable for the accomplishment of the
19corporate objects of the District or the proper administration,
20management, protection or control of its property.
21    7. To maintain such hospital for the benefit of the
22inhabitants of the area comprising the District who are sick,
23injured, or maimed regardless of race, creed, religion, sex,
24national origin or color, and to adopt such reasonable rules
25and regulations as may be necessary to render the use of the
26hospital of the greatest benefit to the greatest number; to

 

 

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1exclude from the use of the hospital all persons who wilfully
2disregard any of the rules and regulations so established; to
3extend the privileges and use of the hospital to persons
4residing outside the area of the District upon such terms and
5conditions as the board of directors prescribes by its rules
6and regulations.
7    8. To police its property and to exercise police powers in
8respect thereto or in respect to the enforcement of any rule or
9regulation provided by the ordinances of the District and to
10employ and commission police officers and other qualified
11persons to enforce the same.
12    The use of any such hospital or hospital facility of a
13District shall be subject to the reasonable regulation and
14control of the District and upon such reasonable terms and
15conditions as shall be established by its board of directors.
16    A regulatory ordinance of a District adopted under any
17provision of this Section may provide for a suspension or
18revocation of any rights or privileges within the control of
19the District for a violation of any such regulatory ordinance.
20    Nothing in this Section or in other provisions of this Act
21shall be construed to authorize the District or board to
22establish or enforce any regulation or rule in respect to
23hospitalization or in the operation or maintenance of such
24hospital or any hospital facilities within its jurisdiction
25which is in conflict with any federal or state law or
26regulation applicable to the same subject matter.

 

 

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1    9. To provide for the benefit of its employees group life,
2health, accident, hospital and medical insurance, or any
3combination of such types of insurance, and to further provide
4for its employees by the establishment of a pension or
5retirement plan or system; to effectuate the establishment of
6any such insurance program or pension or retirement plan or
7system, a Hospital District may make, enter into or subscribe
8to agreements, contracts, policies or plans with private
9insurance companies. Such insurance may include provisions for
10employees who rely on treatment by spiritual means alone
11through prayer for healing in accord with the tenets and
12practice of a well-recognized religious denomination. The
13board of directors of a Hospital District may provide for
14payment by the District of a portion of the premium or charge
15for such insurance or for a pension or retirement plan for
16employees with the employee paying the balance of such premium
17or charge. If the board of directors of a Hospital District
18undertakes a plan pursuant to which the Hospital District pays
19a portion of such premium or charge, the board shall provide
20for the withholding and deducting from the compensation of such
21employees as consent to joining such insurance program or
22pension or retirement plan or system, the balance of the
23premium or charge for such insurance or plan or system.
24    If the board of directors of a Hospital District does not
25provide for a program or plan pursuant to which such District
26pays a portion of the premium or charge for any group insurance

 

 

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1program or pension or retirement plan or system, the board may
2provide for the withholding and deducting from the compensation
3of such employees as consent thereto the premium or charge for
4any group life, health, accident, hospital and medical
5insurance or for any pension or retirement plan or system.
6    A Hospital District deducting from the compensation of its
7employees for any group insurance program or pension or
8retirement plan or system, pursuant to this Section, may agree
9to receive and may receive reimbursement from the insurance
10company for the cost of withholding and transferring such
11amount to the company.
12    10. Except as provided in Section 15.3, to sell at public
13auction or by sealed bid and convey any real estate held by the
14District which the board of directors, by ordinance adopted by
15at least 2/3rds of the members of the board then holding
16office, has determined to be no longer necessary or useful to,
17or for the best interests of, the District.
18    An ordinance directing the sale of real estate shall
19include the legal description of the real estate, its present
20use, a statement that the property is no longer necessary or
21useful to, or for the best interests of, the District, the
22terms and conditions of the sale, whether the sale is to be at
23public auction or sealed bid, and the date, time, and place the
24property is to be sold at auction or sealed bids opened.
25    Before making a sale by virtue of the ordinance, the board
26of directors shall cause notice of the proposal to sell to be

 

 

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1published once each week for 3 successive weeks in a newspaper
2published, or, if none is published, having a general
3circulation, in the district, the first publication to be not
4less than 30 days before the day provided in the notice for the
5public sale or opening of bids for the real estate.
6    The notice of the proposal to sell shall include the same
7information included in the ordinance directing the sale and
8shall advertise for bids therefor. A sale of property by public
9auction shall be held at the property to be sold at a time and
10date determined by the board of directors. The board of
11directors may accept the high bid or any other bid determined
12to be in the best interests of the district by a vote of 2/3rds
13of the board then holding office, but by a majority vote of
14those holding office, they may reject any and all bids.
15    The chairman and secretary of the board of directors shall
16execute all documents necessary for the conveyance of such real
17property sold pursuant to the foregoing authority.
18    11. To establish and administer a program of loans for
19postsecondary students pursuing degrees in accredited public
20health-related educational programs at public institutions of
21higher education. If a student is awarded a loan, the
22individual shall agree to accept employment within the hospital
23district upon graduation from the public institution of higher
24education. For the purposes of this Act, "public institutions
25of higher education" means the University of Illinois; Southern
26Illinois University at Carbondale; Southern Illinois

 

 

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1University at Edwardsville; Chicago State University; Eastern
2Illinois University; Governors State University; Illinois
3State University; Northeastern Illinois University; Northern
4Illinois University; Western Illinois University; the public
5community colleges of the State; and any other public colleges,
6universities or community colleges now or hereafter
7established or authorized by the General Assembly. The
8district's board of directors shall by resolution provide for
9eligibility requirements, award criteria, terms of financing,
10duration of employment accepted within the district and such
11other aspects of the loan program as its establishment and
12administration may necessitate.
13    12. To establish and maintain congregate housing units; to
14acquire land in fee simple and leasehold interests in land for
15the location, establishment, maintenance, and development of
16those housing units; to borrow funds and give debt instruments,
17real estate mortgages, and security interests in personal
18property, contract rights, and general intangibles; and to
19enter into any contract required for participation in any
20federal or State programs.
21(Source: P.A. 92-534, eff. 5-14-02; 92-611, eff. 7-3-02.)
 
22    Section 130. The School Code is amended by changing
23Sections 30-15.25, 30-16.4, and 30-16.6 as follows:
 
24    (105 ILCS 5/30-15.25)  (from Ch. 122, par. 30-15.25)

 

 

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1    Sec. 30-15.25. (a) As used in this Section, the term
2"public institution of higher education" includes: the
3University of Illinois; Southern Illinois University at
4Carbondale; Southern Illinois University at Edwardsville;
5Chicago State University; Eastern Illinois University;
6Governors State University; Illinois State University;
7Northeastern Illinois University; Northern Illinois
8University; Western Illinois University; the public community
9colleges of the State; and any other public universities,
10colleges and community colleges now or hereafter established or
11authorized by the General Assembly. The term "nonpublic
12institution of higher education" includes any educational
13organization in this State, other than a public institution of
14higher education, which provides a minimum of an organized 2
15year program at the private junior college level or higher and
16which operates not-for-profit and in conformity with standards
17substantially equivalent to those of public institutions of
18higher education.
19    (b) Each public institution of higher education shall
20disclose the terms, restrictions and requirements attached to
21or made a part of any endowment, gift, grant, contract award or
22property of any kind or value in excess of $100,000 made to
23such institution, or to any school, college, division, branch
24or other organizational entity within or forming a part of such
25institution, by a foreign government or an individual who is
26neither a citizen nor a resident of the United States, in any

 

 

HB5861- 149 -LRB100 21543 AXK 38472 b

1calendar or fiscal year. If the foreign government or
2individual donates more than one gift in any calendar or fiscal
3year, and the total value of those gifts exceeds $100,000, such
4institution shall report all the gifts received. This
5subsection shall not apply to funds that public institutions of
6higher education receive from grants and contracts through
7either the federal government or the State of Illinois.
8    (c) The provisions of this subsection apply to each
9nonpublic institution of higher education: (i) which receives
10any grant or award under the Illinois Financial Assistance Act
11for Nonpublic Institutions of Higher Learning or under the
12Higher Education Cooperation Act, or (ii) which is a
13participant in a program of interinstitutional cooperation
14administered by a not-for-profit organization that is
15organized to administer such program under the Higher Education
16Cooperation Act and that receives any grant under and in
17furtherance of the purposes of that Act, or (iii) which
18receives any grant or distribution of grant moneys appropriated
19from the State Treasury or any fund therein to such institution
20or to the Board of Higher Education for distribution to
21nonpublic institutions of higher education for purposes of
22Section 4 of the Build Illinois Bond Act or for any other
23purpose authorized by law. Each nonpublic institution of higher
24education to which the provisions of this subsection apply
25shall disclose the terms, restrictions and requirements
26attached to or made a part of any endowment, gift, grant,

 

 

HB5861- 150 -LRB100 21543 AXK 38472 b

1contract award or property of any kind or value in excess of
2$250,000 made to such institution, or to any school, college,
3division, branch or other organizational entity within or
4forming a part of such institution, by a foreign government or
5an individual who is neither a citizen nor a resident of the
6United States, in any calendar or fiscal year. If the foreign
7government or individual donates more than one gift in any
8calendar or fiscal year, and the total value of those gifts
9exceeds $250,000, such institution shall report all the gifts
10received.
11    (d) Such information shall be forwarded to the Attorney
12General no later than 30 days after the final day of each
13calendar or fiscal year of such institution, whichever type of
14year is used by the institution in accounting for the gifts
15received for the purposes of this Section. The information
16shall include:
17        (1) the name of the foreign government in the case of a
18    gift by a government, or the name of the foreign country of
19    which an individual donor is a citizen, in the case of a
20    gift by an individual;
21        (2) the amount and the date of the contribution or
22    contributions;
23        (3) when the gift is conditional, matching or
24    designated for a particular purpose, full details of the
25    conditions, matching provisions or designation; and
26        (4) the purpose or purposes for which the contribution

 

 

HB5861- 151 -LRB100 21543 AXK 38472 b

1    will be used.
2    Such information shall be a matter of public record.
3(Source: P.A. 89-4, eff. 1-1-96.)
 
4    (105 ILCS 5/30-16.4)  (from Ch. 122, par. 30-16.4)
5    Sec. 30-16.4. Privileges Conferred. The scholarships
6issued under Sections 30-16.1 through 30-16.6, inclusive, of
7this Article, may be used at those State supported universities
8where there are provided Reserve Officer's Training Corps
9programs of the several Armed Services over a period during
10which the eligible recipient is eligible for enrollment in the
11program. The scholarships exempt the holder from the payment of
12tuition, or any matriculation, graduation, activity, term or
13incidental fee, except any portion of a multi-purpose fee which
14is used for a purpose for which exemption is not granted under
15this Section. Exemption may not be granted for any other fees
16including book rental, service, laboratory, supply, Union
17Building, hospital and medical insurance fees and any fees
18established for the operation and maintenance of buildings, the
19income of which is pledged to the payment of interest and
20principal, or bonds issued by the governing board of the
21universities.
22    Any student who has been or is awarded a scholarship shall
23be reimbursed by the appropriate university for any fees which
24he has paid and for which exemption is granted under this
25Section, if application for such reimbursement is made within 2

 

 

HB5861- 152 -LRB100 21543 AXK 38472 b

1months following the school term for which the fees were paid.
2    The holder of a scholarship is subject to all examinations,
3rules and requirements of the university in which he is
4enrolled, except as herein directed.
5    The provisions of Sections 30-16.1 through 30-16.6 of this
6Act do not prohibit the Board of Trustees of the University of
7Illinois, the Board of Trustees of Southern Illinois University
8at Carbondale, the Board of Trustees of Southern Illinois
9University at Edwardsville, the Board of Trustees of Chicago
10State University, the Board of Trustees of Eastern Illinois
11University, the Board of Trustees of Governors State
12University, the Board of Trustees of Illinois State University,
13the Board of Trustees of Northeastern Illinois University, the
14Board of Trustees of Northern Illinois University, and the
15Board of Trustees of Western Illinois University from granting
16other scholarships.
17(Source: P.A. 89-4, eff. 1-1-96.)
 
18    (105 ILCS 5/30-16.6)  (from Ch. 122, par. 30-16.6)
19    Sec. 30-16.6. Registration of eligible recipients;
20examination. The president or chairman of the board of each
21private junior college or public community college, and the
22President of each University in which a Reserve Officer's
23Training Corps program is available, or some individual or
24committee designated by such person, shall receive and register
25the names of all eligible recipients applying for the

 

 

HB5861- 153 -LRB100 21543 AXK 38472 b

1scholarships set forth in Section 30-16.3. Applicants shall
2take an examination each year according to the rules prescribed
3jointly by the President of the University of Illinois, the
4President of Southern Illinois University at Carbondale, the
5President of Southern Illinois University at Edwardsville, the
6President of Chicago State University, the President of Eastern
7Illinois University, the President of Governors State
8University, the President of Illinois State University, the
9President of Northeastern Illinois University, the President
10of Northern Illinois University, and the President of Western
11Illinois University. The scholarships shall be awarded on a
12merit basis to those eligible recipients receiving the highest
13grades with evidence of leadership ability, and the number of
14scholarships to be awarded in any institution shall be as set
15forth in Section 30-16.3.
16(Source: P.A. 89-4, eff. 1-1-96.)
 
17    Section 135. The Illinois Peace Corps Fellowship Program
18Law is amended by changing Section 2-3 as follows:
 
19    (105 ILCS 30/2-3)  (from Ch. 122, par. 2003)
20    Sec. 2-3. Program description. The University of Illinois,
21Southern Illinois University at Carbondale, Southern Illinois
22University at Edwardsville, Chicago State University, Eastern
23Illinois University, Governors State University, Illinois
24State University, Northeastern Illinois University, Northern

 

 

HB5861- 154 -LRB100 21543 AXK 38472 b

1Illinois University, and Western Illinois University the
2several universities and colleges under the governance of the
3Board of Governors of State Colleges and Universities, and the
4several Regency Universities under the jurisdiction of the
5Board of Regents are hereby authorized to become participants
6in the Illinois Peace Corps Fellowship Program. Any such
7participating public institution of higher education may
8conduct and administer this program to augment the number of
9Illinois public school teachers by bringing the teaching skills
10of recently returned United States Peace Corps volunteers to
11those school districts, including the school districts
12situated within the City of Chicago and the City of East St.
13Louis or any other school district designated by the State
14Board of Education, which enter into cooperative agreements
15required for implementation of the program. In designating such
16school districts, the State Board of Education may consider
17districts that have a high proportion of drop-out students, a
18high percentage of minority students, a high proportion of low
19income families and high truancy rates. The program shall
20utilize former United States Peace Corps volunteers with two
21years of Peace Corps experience by placing them in the
22designated cooperating school districts as full time teachers
23or teacher aides. In return for making a two-year commitment to
24teaching and being placed in a full-time salaried teacher aide
25or certificated teaching position at a public school located in
26a designated cooperating school district, the former Peace

 

 

HB5861- 155 -LRB100 21543 AXK 38472 b

1Corps volunteer may be awarded a fellowship to the
2participating public institution of higher education to
3complete (in the case of teacher aides who are not yet
4certificated) the courses required for issuance of a teaching
5certificate under Article 21 of The School Code, or to pursue a
6master's degree program in education. The fellowships may
7consist of tuition waivers applicable toward enrollment at the
8participating public institution of higher education to
9complete required courses for teacher certification and to
10pursue a master's degree program in education; and the award of
11such tuition waivers may be supported by funds and grants made
12available to the participating university or universities
13through private or public sources. A participating university
14may also consider an authorization under which all fellowship
15recipients are allowed to pay in-state tuition rates while
16enrolled for credit in a master's degree program.
17    An annual salary for the fellowship recipient to teach in a
18designated school district for a period of two years may be
19provided by the designated cooperating school district at which
20the fellowship recipient shall teach, and may be set at an
21amount equal to that paid to other teacher aides and
22certificated teachers in a comparable position.
23(Source: P.A. 95-331, eff. 8-21-07.)
 
24    Section 140. The Conservation Education Act is amended by
25changing Section 1 as follows:
 

 

 

HB5861- 156 -LRB100 21543 AXK 38472 b

1    (105 ILCS 415/1)  (from Ch. 122, par. 698.1)
2    Sec. 1. Definitions: as used in this Act:
3        (a) "State agency" means the Board of Trustees of the
4    University of Illinois, the Board of Trustees of Southern
5    Illinois University at Carbondale, the Board of Trustees of
6    Southern Illinois University at Edwardsville, the Board of
7    Trustees of Chicago State University, the Board of Trustees
8    of Eastern Illinois University, the Board of Trustees of
9    Governors State University, the Board of Trustees of
10    Northeastern Illinois University, the Board of Trustees of
11    Western Illinois University, boards of education and
12    boards of directors of public schools, elected State
13    officers and departments, boards and commissions and other
14    agencies of State government.
15        (b) "School" means any school or class established by
16    this Act.
17(Source: P.A. 89-4, eff. 1-1-96.)
 
18    Section 145. The Campus Demonstrations Policy Act is
19amended by changing Section 1 as follows:
 
20    (110 ILCS 10/1)  (from Ch. 144, par. 225)
21    Sec. 1. For the purposes of this Act:
22    (a) "State-supported institution of higher learning" means
23the University of Illinois, Southern Illinois University at

 

 

HB5861- 157 -LRB100 21543 AXK 38472 b

1Carbondale, Southern Illinois University at Edwardsville,
2Chicago State University, Eastern Illinois University,
3Governors State University, Illinois State University,
4Northeastern Illinois University, Northern Illinois
5University, Western Illinois University, and the public
6community colleges subject to the Public Community College Act.
7    (b) "Policy on Demonstrations" means an outline of rules
8and regulations to maintain order on the campus of an
9institution of higher learning in this State which gives
10special attention to firmness, to insuring that the civil
11rights of others are not infringed and to establishment of a
12step by step approach to secure the reasonable operation of
13university or college activities in case of any disruptive
14activity.
15(Source: P.A. 89-4, eff. 1-1-96.)
 
16    Section 150. The College Campus Press Act is amended by
17changing Section 5 as follows:
 
18    (110 ILCS 13/5)
19    Sec. 5. Definitions. For purposes of this Act:
20    "Campus media" means any matter that is prepared,
21substantially written, published, or broadcast by students at
22State-sponsored institutions of higher learning, that is
23distributed or generally made available, either free of charge
24or for a fee, to members of the student body, and that is

 

 

HB5861- 158 -LRB100 21543 AXK 38472 b

1prepared under the direction of a student media adviser.
2"Campus media" does not include media that is intended for
3distribution or transmission solely in the classrooms in which
4it is produced.
5    "Campus policy" means the views and positions of
6State-sponsored institutions of higher learning promulgated by
7administrators, officials, or other agents of these
8institutions.
9    "Collegiate media adviser" means a person who is employed,
10appointed, or designated by the State-sponsored institution of
11higher learning to supervise or provide instruction relating to
12campus media.
13    "Collegiate student editor" means a student at a
14State-sponsored institution of higher learning who edits
15information prepared by collegiate student journalists for
16dissemination in campus media.
17    "Collegiate student journalist" means a student at a
18State-sponsored institution of higher learning who gathers,
19compiles, writes, photographs, records, or prepares
20information for dissemination in campus media.
21    "Prevailing party" includes any party who obtains some of
22his or her requested relief through judicial judgment in his or
23her favor, who obtains some of his or her requested relief
24through a settlement agreement approved by the court, or whose
25pursuit of a non-frivolous claim was a catalyst for a
26unilateral change in position by the opposing party relative to

 

 

HB5861- 159 -LRB100 21543 AXK 38472 b

1the relief sought.
2    "State-sponsored institution of higher learning" means the
3University of Illinois, Southern Illinois University at
4Carbondale, Southern Illinois University at Edwardsville,
5Chicago State University, Eastern Illinois University,
6Governors State University, Illinois State University,
7Northeastern Illinois University, Northern Illinois
8University, Western Illinois University, and public community
9colleges subject to the Public Community College Act.
10(Source: P.A. 95-580, eff. 6-1-08.)
 
11    Section 155. The College Student Immunization Act is
12amended by changing Section 1 as follows:
 
13    (110 ILCS 20/1)  (from Ch. 144, par. 2601)
14    Sec. 1. Definitions. For the purposes of this Act:
15    (a) "Department" means the Illinois Department of Public
16Health.
17    (b) "Post-secondary educational institution" means a
18public or private college or university offering degrees and
19instruction above the high school level, and shall include, but
20not be limited to, any and all private colleges and
21universities, the University of Illinois, Southern Illinois
22University at Carbondale, Southern Illinois University at
23Edwardsville, Chicago State University, Eastern Illinois
24University, Governors State University, Illinois State

 

 

HB5861- 160 -LRB100 21543 AXK 38472 b

1University, Northeastern Illinois University, Northern
2Illinois University, Western Illinois University, and any
3other public university now or hereafter established or
4authorized by the General Assembly; except that a
5post-secondary educational institution does not mean or
6include any public or private college or university that does
7not provide on-campus housing for its students in dormitories
8or equivalent facilities that are owned, operated, and
9maintained by the public or private college or university.
10    The term shall not include any public or private junior or
11community college, or any institution offering degrees and
12instruction which utilizes correspondence as its primary mode
13of student instruction.
14(Source: P.A. 94-195, eff. 7-12-05.)
 
15    Section 160. The Forensic Psychiatry Fellowship Training
16Act is amended by changing Sections 5, 10, and 20 as follows:
 
17    (110 ILCS 46/5)
18    Sec. 5. Creation of program. The University of Illinois at
19Chicago and Southern Illinois University at Edwardsville shall
20expand their focuses on enrolling, training, and graduating
21forensic mental health professionals by each creating a
22forensic psychiatry fellowship training program at their
23Colleges of Medicine.
24(Source: P.A. 95-22, eff. 8-3-07.)
 

 

 

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1    (110 ILCS 46/10)
2    Sec. 10. Powers and duties under program. Under the
3forensic psychiatry fellowship training program created under
4Section 5 of this Act, the University of Illinois at Chicago
5and Southern Illinois University at Edwardsville shall each
6have all of the following powers and duties:
7        (1) The university's undergraduate and graduate
8    programs may increase their service and training
9    commitments in order to provide mental health care to
10    chronically mentally ill populations in this State.
11        (2) The university shall coordinate service,
12    education, and research in mental health and may work with
13    communities, State agencies, other colleges and
14    universities, private foundations, health care providers,
15    and other interested organizations on innovative
16    strategies to respond to the challenges of providing
17    greater physician presence in the field of forensic
18    psychiatry. However, the majority of the clinical
19    rotations of the fellows must be served in publicly
20    supported programs in this State.
21        (3) The university may establish such clinical and
22    educational centers and may cooperate with other
23    universities and associations as may be necessary to carry
24    out the intent of this Act according to the following
25    priorities:

 

 

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1            (A) a preference for programs that are designed to
2        enroll, educate, and facilitate the graduation of
3        mental health professionals trained in forensic
4        psychiatry and other forensic mental health
5        sub-specialties; and
6            (B) a preference for public sector programs that
7        involve networking with other agencies, organizations,
8        and institutions that have similar objectives.
9(Source: P.A. 97-813, eff. 7-13-12.)
 
10    (110 ILCS 46/20)
11    Sec. 20. University of Illinois College of Medicine at
12Peoria and Northwestern University programs; funding. From
13funds appropriated for the purposes of this Act, the University
14of Illinois at Chicago and Southern Illinois University at
15Edwardsville may enter into cooperative agreements with the
16University of Illinois College of Medicine at Peoria or
17Northwestern University or both for the purpose of funding
18forensic psychiatric fellowship training programs at the
19University of Illinois College of Medicine at Peoria and
20Northwestern University.
21(Source: P.A. 95-22, eff. 8-3-07; 96-690, eff. 8-25-09.)
 
22    Section 165. The Higher Education Veterans Service Act is
23amended by changing Section 5 as follows:
 

 

 

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1    (110 ILCS 49/5)
2    Sec. 5. Definitions. For purposes of this Act:
3    "Task Force" means the Task Force on Service Member and
4Veterans Education.
5    "Public colleges and universities" means public community
6colleges subject to the Public Community College Act, the
7University of Illinois, Southern Illinois University at
8Carbondale, Southern Illinois University at Edwardsville,
9Chicago State University, Eastern Illinois University,
10Governors State University, Illinois State University,
11Northeastern Illinois University, Northern Illinois
12University, and Western Illinois University.
13(Source: P.A. 96-133, eff. 8-7-09.)
 
14    Section 170. The Nonresident College Trustees Act is
15amended by changing Section 1 as follows:
 
16    (110 ILCS 60/1)  (from Ch. 144, par. 7)
17    Sec. 1. (a) In all colleges, universities and other
18institutions of learning in the State of Illinois, not placed
19under the control of the officers of this State, whether
20organized under any general or special law, non-residents of
21this State shall be eligible to the office of trustee;
22provided, that at least 3 members of the board of trustees of
23any such institution of learning shall be residents of this
24State. This subsection (a) does not apply to the Board of

 

 

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1Trustees of the University of Illinois, Southern Illinois
2University at Carbondale, Southern Illinois University at
3Edwardsville, Chicago State University, Eastern Illinois
4University, Governors State University, Illinois State
5University, Northeastern Illinois University, Northern
6Illinois University, or Western Illinois University.
7    (b) No institution of learning in this State shall be
8removed from this State unless by a unanimous vote of the board
9of trustees.
10(Source: P.A. 91-798, eff. 7-9-00.)
 
11    Section 175. The Public University Energy Conservation Act
12is amended by changing Section 5-5 as follows:
 
13    (110 ILCS 62/5-5)
14    Sec. 5-5. Public university. "Public university" means any
15of the following institutions of higher learning: the
16University of Illinois, Southern Illinois University at
17Carbondale, Southern Illinois University at Edwardsville,
18Northern Illinois University, Eastern Illinois University,
19Western Illinois University, Northeastern Illinois University,
20Chicago State University, Governors State University, or
21Illinois State University, acting in each case through its
22board of trustees or through a designee of that board.
23(Source: P.A. 97-813, eff. 7-13-12.)
 

 

 

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1    Section 180. The Public University Tuition Statement Act is
2amended by changing Sections 10 as follows:
 
3    (110 ILCS 63/10)
4    Sec. 10. Definition. In this Act, "public university"
5means and includes Chicago State University, Eastern Illinois
6University, Governors State University, Illinois State
7University, Northeastern Illinois University, Northern
8Illinois University, Southern Illinois University at
9Carbondale, Southern Illinois University at Edwardsville,
10Western Illinois University, the University of Illinois, and
11any other public university established or authorized by the
12General Assembly.
13(Source: P.A. 91-185, eff. 7-20-99.)
 
14    Section 185. The State Universities Civil Service Act is
15amended by changing Sections 36b, 36c, 36e, and 36g-1 as
16follows:
 
17    (110 ILCS 70/36b)  (from Ch. 24 1/2, par. 38b1)
18    Sec. 36b. Creation.
19    (1) A classified civil service system to be known as the
20State Universities Civil Service System is hereby created, and
21is hereinafter referred to as the University System.
22    (2) The purpose of the University System is to establish a
23sound program of personnel administration for the Illinois

 

 

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1Community College Board, State Community College of East St.
2Louis (abolished under Section 2-12.1 of the Public Community
3College Act), Southern Illinois University at Carbondale,
4Southern Illinois University at Edwardsville, Chicago State
5University, Eastern Illinois University, Governors State
6University, Illinois State University, Northeastern Illinois
7University, Northern Illinois University, Western Illinois
8University, University of Illinois, State Universities Civil
9Service System, State Universities Retirement System, the
10State Scholarship Commission, and the Board of Higher
11Education. All certificates, appointments and promotions to
12positions in these agencies and institutions shall be made
13solely on the basis of merit and fitness, to be ascertained by
14examination, except as specified in Section 36e.
15    (3) The State Universities Civil Service System hereby
16created shall be a separate entity of the State of Illinois and
17shall be under the control of a Board to be known as the
18University Civil Service Merit Board, and is hereinafter
19referred to as the Merit Board.
20(Source: P.A. 97-333, eff. 8-12-11.)
 
21    (110 ILCS 70/36c)  (from Ch. 24 1/2, par. 38b2)
22    Sec. 36c. The merit board. The Merit Board shall be
23composed of 12 11 members, 3 of whom shall be members of the
24Board of Trustees of the University of Illinois, one of whom
25shall be a member of the Board of Trustees of Southern Illinois

 

 

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1University at Carbondale, one of whom shall be a member of the
2Board of Trustees of Southern Illinois University at
3Edwardsville, one of whom shall be a member of the Board of
4Trustees of Chicago State University, one of whom shall be a
5member of the Board of Trustees of Eastern Illinois University,
6one of whom shall be a member of the Board of Trustees of
7Governors State University, one of whom shall be a member of
8the Board of Trustees of Illinois State University, one of whom
9shall be a member of the Board of Trustees of Northeastern
10Illinois University, one of whom shall be a member of the Board
11of Trustees of Northern Illinois University, and one of whom
12shall be a member of the Board of Trustees of Western Illinois
13University. The 7 new members required to be elected to the
14Merit Board by their respective Boards of Trustees shall
15replace the 2 persons who, until the effective date of this
16amendatory Act of 1995, served as members of the Merit Board
17elected from the Board of Governors of State Colleges and
18Universities and the Board of Regents; and the terms of the
19members elected to the Merit Board from the Board of Governors
20of State Colleges and Universities and the Board of Regents
21shall terminate on the effective date of this amendatory Act of
221995. The members of the Merit Board shall be elected by the
23respective Boards in which they hold membership and they shall
24serve at the pleasure of the electing Boards.
25    All members of the Merit Board shall serve without
26compensation but shall be reimbursed for any traveling expenses

 

 

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1incurred in attending meetings of the Merit Board.
2    The Merit Board shall determine the number necessary for a
3quorum, elect its own chairman and set up an Executive
4Committee of its own members which shall have all of the powers
5of the Merit Board except as limited by the Merit Board.
6    The Merit Board shall cause to be elected a committee of
7not less than eleven members to be made up of Civil Service
8Employees, six of whom shall be nominated by and from the Civil
9Service Employees of the University of Illinois and one of whom
10shall be nominated by and from the Civil Service Employees of
11each of the other institutions specified in Section 36e, who
12will function in an advisory capacity to the Merit Board on all
13matters pertaining to the University System. This Advisory
14Committee shall meet at least quarterly and members of the
15Committee shall be reimbursed by their respective employers for
16time lost from work and for expenses incurred in attending
17meetings of the Committee.
18(Source: P.A. 89-4, eff. 1-1-96.)
 
19    (110 ILCS 70/36e)  (from Ch. 24 1/2, par. 38b4)
20    Sec. 36e. Coverage. All employees of the Illinois Community
21College Board, State Community College of East St. Louis
22(abolished under Section 2-12.1 of the Public Community College
23Act), Southern Illinois University at Carbondale, Southern
24Illinois University at Edwardsville, Chicago State University,
25Eastern Illinois University, Governors State University,

 

 

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1Illinois State University, Northeastern Illinois University,
2Northern Illinois University, Western Illinois University,
3University of Illinois, State Universities Civil Service
4System, State Universities Retirement System, the State
5Scholarship Commission, and the Board of Higher Education,
6shall be covered by the University System described in Sections
736b to 36q, inclusive, of this Act, except the following
8persons:
9        (1) The members and officers of the Merit Board and the
10    board of trustees, and the commissioners of the
11    institutions and agencies covered hereunder;
12        (2) The presidents and vice-presidents of each
13    educational institution;
14        (3) Other principal administrative employees of each
15    institution and agency as determined by the Merit Board;
16        (4) The teaching, research and extension faculties of
17    each institution and agency;
18        (5) Students employed under rules prescribed by the
19    Merit Board, without examination or certification.
20(Source: P.A. 97-333, eff. 8-12-11.)
 
21    (110 ILCS 70/36g-1)  (from Ch. 24 1/2, par. 38b6.1)
22    Sec. 36g-1. Active military service. Any employee of State
23Community College of East St. Louis (abolished under Section
242-12.1 of the Public Community College Act), Southern Illinois
25University at Carbondale, Southern Illinois University at

 

 

HB5861- 170 -LRB100 21543 AXK 38472 b

1Edwardsville, the University of Illinois, any university under
2the jurisdiction of the Board of Regents, or any college or
3university under the jurisdiction of the Board of Governors of
4State Colleges and Universities who is a member of any reserve
5component of the United States Armed Services, including the
6Illinois National Guard, and who is mobilized to active
7military duty on or after August 1, 1990 as a result of an
8order of the President of the United States, shall for each pay
9period beginning on or after August 1, 1990 continue to receive
10the same regular compensation that he receives or was receiving
11as an employee of that educational institution at the time he
12is or was so mobilized to active military duty, plus any health
13insurance and other benefits he is or was receiving or accruing
14at that time, minus the amount of his base pay for military
15service, for the duration of his active military service.
16    In the event any provision of a collective bargaining
17agreement or any policy of the educational institution covering
18any employee so ordered to active duty is more generous than
19the provisions contained in this Section, that collective
20bargaining agreement or policy shall be controlling.
21(Source: P.A. 97-333, eff. 8-12-11.)
 
22    Section 190. The University - Building Authority Leased
23Lands Act is amended by changing the title and Sections 1 and 2
24as follows:
 

 

 

HB5861- 171 -LRB100 21543 AXK 38472 b

1    (110 ILCS 85/Act title)
2An Act relating to land leased from the Illinois Building
3Authority by the respective Boards of Trustees of the
4University of Illinois, Southern Illinois University at
5Carbondale, Southern Illinois University at Edwardsville,
6Chicago State University, Eastern Illinois University,
7Governors State University, Illinois State University,
8Northeastern Illinois University, Northern Illinois
9University, and Western Illinois University.
 
10    (110 ILCS 85/1)  (from Ch. 144, par. 70.11)
11    Sec. 1. The Board of Trustees of the University of
12Illinois, the Board of Trustees of Southern Illinois University
13at Carbondale, the Board of Trustees of Southern Illinois
14University at Edwardsville, the Board of Trustees of Chicago
15State University, the Board of Trustees of Eastern Illinois
16University, the Board of Trustees of Governors State
17University, the Board of Trustees of Illinois State University,
18the Board of Trustees of Northeastern Illinois University, the
19Board of Trustees of Northern Illinois University, and the
20Board of Trustees of Western Illinois University, may
21construct, complete, remodel, maintain and equip buildings and
22other facilities, with funds available to them from any source,
23upon land heretofore or hereafter leased by them from the
24Illinois Building Authority.
25(Source: P.A. 89-4, eff. 1-1-96.)
 

 

 

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1    (110 ILCS 85/2)  (from Ch. 144, par. 70.12)
2    Sec. 2. Expenditures by the Board of Trustees of the
3University of Illinois, the Board of Trustees of Southern
4Illinois University at Carbondale, the Board of Trustees of
5Southern Illinois University at Edwardsville, the Board of
6Trustees of Chicago State University, the Board of Trustees of
7Eastern Illinois University, the Board of Trustees of Governors
8State University, the Board of Trustees of Illinois State
9University, the Board of Trustees of Northeastern Illinois
10University, the Board of Trustees of Northern Illinois
11University, and the Board of Trustees of Western Illinois
12University for the construction, completion, remodeling,
13maintenance and equipment of buildings and other facilities are
14not subject to any law requiring that the State be vested with
15absolute fee title to the premises, if those expenditures are
16made in connection with and upon premises owned by the Illinois
17Building Authority.
18(Source: P.A. 89-4, eff. 1-1-96.)
 
19    Section 195. The University Employees Custodial Accounts
20Act is amended by changing Section 1 as follows:
 
21    (110 ILCS 95/1)  (from Ch. 144, par. 1701)
22    Sec. 1. As used in this Act:
23    "The governing board of any public institution of higher

 

 

HB5861- 173 -LRB100 21543 AXK 38472 b

1education" means the Board of Trustees of the University of
2Illinois, the Board of Trustees of Southern Illinois University
3at Carbondale, the Board of Trustees of Southern Illinois
4University at Edwardsville, the Board of Trustees of Chicago
5State University, the Board of Trustees of Eastern Illinois
6University, the Board of Trustees of Governors State
7University, the Board of Trustees of Illinois State University,
8the Board of Trustees of Northeastern Illinois University, the
9Board of Trustees of Northern Illinois University, the Board of
10Trustees of Western Illinois University and the Illinois
11Community College Board.
12    "Eligible employees" means employees of public
13institutions of higher education who qualify for favorable tax
14treatment under Section 403b of the Internal Revenue Code.
15(Source: P.A. 89-4, eff. 1-1-96.)
 
16    Section 200. The University Faculty Research and
17Consulting Act is amended by changing Section 2 as follows:
 
18    (110 ILCS 100/2)  (from Ch. 144, par. 217)
19    Sec. 2. For the purposes of this Act,
20    (a) "State-supported institution of higher learning"
21includes the University of Illinois, Southern Illinois
22University at Carbondale, Southern Illinois University at
23Edwardsville, Chicago State University, Eastern Illinois
24University, Governors State University, Illinois State

 

 

HB5861- 174 -LRB100 21543 AXK 38472 b

1University, Northeastern Illinois University, Northern
2Illinois University, Western Illinois University and all
3public community colleges; and
4    (b) "Contract" includes any grant made by any person
5(individual or corporate), partnership, foundation or
6association, other than federal, State or local governments,
7for the performance of research or consulting services by a
8member of the faculty of a State-supported institution of
9higher learning. The term does not include a scholarship or
10grant for study or research required for a graduate degree or
11the improvement of existing skills without any services to be
12rendered for the grantor or donor of such a scholarship or
13grant.
14(Source: P.A. 89-4, eff. 1-1-96.)
 
15    Section 205. The University Religious Observances Act is
16amended by changing Section 1 as follows:
 
17    (110 ILCS 110/1)  (from Ch. 144, par. 2101)
18    Sec. 1. A public institution of higher education shall
19adopt a policy which reasonably accommodates the religious
20observance of individual students in regard to admissions,
21class attendance, and the scheduling of examinations and work
22requirements. This policy shall include a grievance procedure
23by which a student who believes that he or she has been
24unreasonably denied an educational benefit due to his or her

 

 

HB5861- 175 -LRB100 21543 AXK 38472 b

1religious belief or practices may seek redress. Such policy
2shall be made known to faculty and students annually by
3inclusion in the institution's handbook, manual or other
4similar document regularly provided to faculty and students.
5For the purposes of this Section (a) "public institution of
6higher education" means the University of Illinois, Southern
7Illinois University at Carbondale, Southern Illinois
8University at Edwardsville, Chicago State University, Eastern
9Illinois University, Governors State University, Illinois
10State University, Northeastern Illinois University, Northern
11Illinois University, Western Illinois University, the public
12community colleges of the State and any other public
13universities, colleges and community colleges now or hereafter
14established or authorized by the General Assembly; and (b)
15"religious observance" or "religious practice" includes all
16aspects of religious observance and practice, as well as
17belief.
18(Source: P.A. 89-4, eff. 1-1-96.)
 
19    Section 210. The Volunteer Emergency Worker Higher
20Education Protection Act is amended by changing Section 5 as
21follows:
 
22    (110 ILCS 122/5)
23    Sec. 5. Definitions. For the purposes of this Section:
24    "Institution of higher education" means the University of

 

 

HB5861- 176 -LRB100 21543 AXK 38472 b

1Illinois, Southern Illinois University at Carbondale, Southern
2Illinois University at Edwardsville, Chicago State University,
3Eastern Illinois University, Governors State University,
4Illinois State University, Northeastern Illinois University,
5Northern Illinois University, Western Illinois University, the
6public community colleges of this State, and any other public
7universities, colleges, and community colleges now or
8hereafter established or authorized by law.
9    "Volunteer emergency worker" means a volunteer emergency
10worker as defined in the Volunteer Emergency Worker Job
11Protection Act.
12(Source: P.A. 94-957, eff. 7-1-06.)
 
13    Section 215. The Board of Higher Education Act is amended
14by changing Sections 1, 7, 8, 9.11, 9.29, and 10 as follows:
 
15    (110 ILCS 205/1)  (from Ch. 144, par. 181)
16    Sec. 1. The following terms shall have the meanings
17respectively prescribed for them, except when the context
18otherwise requires:
19    "Public institutions of higher education": The University
20of Illinois; Southern Illinois University at Carbondale;
21Southern Illinois University at Edwardsville; Chicago State
22University; Eastern Illinois University; Governors State
23University; Illinois State University; Northeastern Illinois
24University; Northern Illinois University; Western Illinois

 

 

HB5861- 177 -LRB100 21543 AXK 38472 b

1University; the public community colleges of the State and any
2other public universities, colleges and community colleges now
3or hereafter established or authorized by the General Assembly.
4    "Board": The Board of Higher Education created by this Act.
5(Source: P.A. 100-167, eff. 1-1-18.)
 
6    (110 ILCS 205/7)  (from Ch. 144, par. 187)
7    Sec. 7. The Board of Trustees of the University of
8Illinois, the Board of Trustees of Southern Illinois University
9at Carbondale, the Board of Trustees of Southern Illinois
10University at Edwardsville, the Board of Trustees of Chicago
11State University, the Board of Trustees of Eastern Illinois
12University, the Board of Trustees of Governors State
13University, the Board of Trustees of Illinois State University,
14the Board of Trustees of Northeastern Illinois University, the
15Board of Trustees of Northern Illinois University, the Board of
16Trustees of Western Illinois University, the Illinois
17Community College Board and the campuses under their governance
18or supervision shall not hereafter undertake the establishment
19of any new unit of instruction, research or public service
20without the approval of the Board. The term "new unit of
21instruction, research or public service" includes the
22establishment of a college, school, division, institute,
23department or other unit in any field of instruction, research
24or public service not theretofore included in the program of
25the institution, and includes the establishment of any new

 

 

HB5861- 178 -LRB100 21543 AXK 38472 b

1branch or campus. The term does not include reasonable and
2moderate extensions of existing curricula, research, or public
3service programs which have a direct relationship to existing
4programs; and the Board may, under its rule making power,
5define the character of such reasonable and moderate
6extensions.
7    Such governing boards shall submit to the Board all
8proposals for a new unit of instruction, research, or public
9service. The Board may approve or disapprove the proposal in
10whole or in part or approve modifications thereof whenever in
11its judgment such action is consistent with the objectives of
12an existing or proposed master plan of higher education.
13    The Board of Higher Education is authorized to review
14periodically all existing programs of instruction, research
15and public service at the State universities and colleges and
16to advise the appropriate board of control if the contribution
17of each program is not educationally and economically
18justified. Each State university shall report annually to the
19Board on programs of instruction, research, or public service
20that have been terminated, dissolved, reduced, or consolidated
21by the university. Each State university shall also report to
22the Board all programs of instruction, research, and public
23service that exhibit a trend of low performance in enrollments,
24degree completions, and high expense per degree. The Board
25shall compile an annual report that shall contain information
26on new programs created, existing programs that have been

 

 

HB5861- 179 -LRB100 21543 AXK 38472 b

1closed or consolidated, and programs that exhibit low
2performance or productivity. The report must be submitted to
3the General Assembly. The Board shall have the authority to
4define relevant terms and timelines by rule with respect to
5this reporting.
6(Source: P.A. 97-610, eff. 1-1-12.)
 
7    (110 ILCS 205/8)  (from Ch. 144, par. 188)
8    Sec. 8. The Board of Trustees of the University of
9Illinois, the Board of Trustees of Southern Illinois University
10at Carbondale, the Board of Trustees of Southern Illinois
11University at Edwardsville, the Board of Trustees of Chicago
12State University, the Board of Trustees of Eastern Illinois
13University, the Board of Trustees of Governors State
14University, the Board of Trustees of Illinois State University,
15the Board of Trustees of Northeastern Illinois University, the
16Board of Trustees of Northern Illinois University, the Board of
17Trustees of Western Illinois University, and the Illinois
18Community College Board shall submit to the Board not later
19than the 15th day of November of each year its budget proposals
20for the operation and capital needs of the institutions under
21its governance or supervision for the ensuing fiscal year. Each
22budget proposal shall conform to the procedures developed by
23the Board in the design of an information system for State
24universities and colleges.
25    In order to maintain a cohesive system of higher education,

 

 

HB5861- 180 -LRB100 21543 AXK 38472 b

1the Board and its staff shall communicate on a regular basis
2with all public university presidents. They shall meet at least
3semiannually to achieve economies of scale where possible and
4provide the most innovative and efficient programs and
5services.
6    The Board, in the analysis of formulating the annual budget
7request, shall consider rates of tuition and fees and
8undergraduate tuition and fee waiver programs at the State
9universities and colleges. The Board shall also consider the
10current and projected utilization of the total physical plant
11of each campus of a university or college in approving the
12capital budget for any new building or facility.
13    The Board of Higher Education shall submit to the Governor,
14to the General Assembly, and to the appropriate budget agencies
15of the Governor and General Assembly its analysis and
16recommendations on such budget proposals.
17    The Board is directed to form a broad-based group of
18individuals representing the Office of the Governor, the
19General Assembly, public institutions of higher education,
20State agencies, business and industry, statewide organizations
21representing faculty and staff, and others as the Board shall
22deem appropriate to devise a system for allocating State
23resources to public institutions of higher education based upon
24performance in achieving State goals related to student success
25and certificate and degree completion.
26    Beginning in Fiscal Year 2013, the Board of Higher

 

 

HB5861- 181 -LRB100 21543 AXK 38472 b

1Education budget recommendations to the Governor and the
2General Assembly shall include allocations to public
3institutions of higher education based upon performance
4metrics designed to promote and measure student success in
5degree and certificate completion. Public university metrics
6must be adopted by the Board by rule, and public community
7college metrics must be adopted by the Illinois Community
8College Board by rule. These metrics must be developed and
9promulgated in accordance with the following principles:
10        (1) The metrics must be developed in consultation with
11    public institutions of higher education, as well as other
12    State educational agencies and other higher education
13    organizations, associations, interests, and stakeholders
14    as deemed appropriate by the Board.
15        (2) The metrics shall include provisions for
16    recognizing the demands on and rewarding the performance of
17    institutions in advancing the success of students who are
18    academically or financially at risk, including
19    first-generation students, low-income students, and
20    students traditionally underrepresented in higher
21    education, as specified in Section 9.16 of this Act.
22        (3) The metrics shall recognize and account for the
23    differentiated missions of institutions and sectors of
24    higher education.
25        (4) The metrics shall focus on the fundamental goal of
26    increasing completion of college courses, certificates,

 

 

HB5861- 182 -LRB100 21543 AXK 38472 b

1    and degrees. Performance metrics shall recognize the
2    unique and broad mission of public community colleges
3    through consideration of additional factors including, but
4    not limited to, enrollment, progress through key academic
5    milestones, transfer to a baccalaureate institution, and
6    degree completion.
7        (5) The metrics must be designed to maintain the
8    quality of degrees, certificates, courses, and programs.
9In devising performance metrics, the Board may be guided by the
10report of the Higher Education Finance Study Commission.
11    Each State university must submit its plan for capital
12improvements of non-instructional facilities to the Board for
13approval before final commitments are made if the total cost of
14the project as approved by the institution's board of control
15is in excess of $2 million. Non-instructional uses shall
16include but not be limited to dormitories, union buildings,
17field houses, stadium, other recreational facilities and
18parking lots. The Board shall determine whether or not any
19project submitted for approval is consistent with the master
20plan for higher education and with instructional buildings that
21are provided for therein. If the project is found by a majority
22of the Board not to be consistent, such capital improvement
23shall not be constructed.
24(Source: P.A. 99-655, eff. 7-28-16.)
 
25    (110 ILCS 205/9.11)  (from Ch. 144, par. 189.11)

 

 

HB5861- 183 -LRB100 21543 AXK 38472 b

1    Sec. 9.11. Effective January 1, 1980, to require the
2preparation of an annual capital plan which details the
3proposed budget year and 3-year 3 year capital needs of the
4Board of Trustees of the University of Illinois, the Board of
5Trustees of Southern Illinois University at Carbondale, the
6Board of Trustees of Southern Illinois University at
7Edwardsville, the Board of Trustees of Chicago State
8University, the Board of Trustees of Eastern Illinois
9University, the Board of Trustees of Governors State
10University, the Board of Trustees of Illinois State University,
11the Board of Trustees of Northeastern Illinois University, the
12Board of Trustees of Northern Illinois University, and the
13Board of Trustees of Western Illinois University. Such plan
14shall detail capital expenditures to finance revenue producing
15facilities through the issuance of revenue bonds. This plan
16shall detail each project and the project cost in current
17dollar amounts. The plan shall contain the appropriate detail
18for the proposed budget year and the 3-year 3 year plan which
19will justify the projects ability to meet: the debt service
20requirements by producing sufficient revenue, life expectancy
21and maintenance requirements. Such annual capital plans shall
22be submitted to the Commission on Government Forecasting and
23Accountability no later than March 15th of each year.
24(Source: P.A. 93-1067, eff. 1-15-05.)
 
25    (110 ILCS 205/9.29)

 

 

HB5861- 184 -LRB100 21543 AXK 38472 b

1    Sec. 9.29. Tuition and fee waiver report. The Board of
2Higher Education shall annually compile information concerning
3tuition and fee waivers and tuition and fee waiver programs
4that has been provided by the Boards of Trustees of the
5University of Illinois, Southern Illinois University at
6Carbondale, Southern Illinois University at Edwardsville,
7Chicago State University, Eastern Illinois University,
8Governors State University, Illinois State University,
9Northeastern Illinois University, Northern Illinois
10University, and Western Illinois University and shall report
11its findings and recommendations concerning tuition and fee
12waivers and tuition and fee waiver programs to the General
13Assembly by filing electronic or paper copies of its report by
14December 31 of each year as provided in Section 3.1 of the
15General Assembly Organization Act.
16(Source: P.A. 100-167, eff. 1-1-18.)
 
17    (110 ILCS 205/10)  (from Ch. 144, par. 190)
18    Sec. 10. The Board of Trustees of the University of
19Illinois, the Board of Trustees of Southern Illinois University
20at Carbondale, the Board of Trustees of Southern Illinois
21University at Edwardsville, the Board of Trustees of Chicago
22State University, the Board of Trustees of Eastern Illinois
23University, the Board of Trustees of Governors State
24University, the Board of Trustees of Illinois State University,
25the Board of Trustees of Northeastern Illinois University, the

 

 

HB5861- 185 -LRB100 21543 AXK 38472 b

1Board of Trustees of Northern Illinois University, the Board of
2Trustees of Western Illinois University, and the Illinois
3Community College Board shall retain all the powers and duties
4heretofore given and conferred upon them by statute, except
5insofar as they are limited by the powers and duties delegated
6to the Board of Higher Education by this Act.
7    Nothing, however, in this Act shall be construed to prevent
8individual state universities and colleges from establishing
9higher minimum admission requirements and higher minimum
10admission requirements may be established for out-of-state
11students than for Illinois residents.
12(Source: P.A. 89-4, eff. 1-1-96.)
 
13    Section 220. The Higher Education Cooperation Act is
14amended by changing Section 2 as follows:
 
15    (110 ILCS 220/2)  (from Ch. 144, par. 282)
16    Sec. 2. As used in this Act, unless the context otherwise
17requires:
18    "Board" means the Board of Higher Education;
19    "Nonpublic institution of higher education" means an
20educational organization, other than a public institution of
21higher education, which provides a minimum of an organized 2
22year program at the private junior college level or higher and
23which operates not-for-profit and in conformity with standards
24substantially equivalent to those of the public institutions of

 

 

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1higher education;
2    "Public institution of higher education" means the
3University of Illinois, Southern Illinois University at
4Carbondale, Southern Illinois University at Edwardsville,
5Chicago State University, Eastern Illinois University,
6Governors State University, Illinois State University,
7Northeastern Illinois University, Northern Illinois
8University, Western Illinois University, the public community
9colleges of this State, and any other public universities,
10colleges and community colleges now or hereafter established or
11authorized by the General Assembly.
12(Source: P.A. 89-4, eff. 1-1-96.)
 
13    Section 225. The Illinois Cooperative Work Study Program
14Act is amended by changing Section 2 as follows:
 
15    (110 ILCS 225/2)  (from Ch. 144, par. 2952)
16    Sec. 2. Definitions. In this Act:
17    "Board" means the Illinois Board of Higher Education.
18    "Nonpublic institution of higher education" means an
19educational organization, other than a public institution of
20higher education, that provides a minimum of an organized 2
21year program at the private junior college level or higher and
22that operates in conformity with standards substantially
23equivalent to those of the public institutions of higher
24education.

 

 

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1    "Public institution of higher education" means the
2University of Illinois, Southern Illinois University at
3Carbondale, Southern Illinois University at Edwardsville,
4Chicago State University, Eastern Illinois University,
5Governors State University, Illinois State University,
6Northeastern Illinois University, Northern Illinois
7University, Western Illinois University, the public community
8colleges of this State, and any other public universities,
9colleges and community colleges now or hereafter established or
10authorized by the General Assembly.
11    "Cooperative work study" means an academically related
12work and study experience with business, industry, government
13or other agencies and organizations. Cooperative work study may
14include, but is not limited to, summer internships, clinical
15placements, internships and work experiences during the
16academic year.
17(Source: P.A. 89-4, eff. 1-1-96.)
 
18    Section 230. The University of Illinois Act is amended by
19changing Section 7f as follows:
 
20    (110 ILCS 305/7f)  (from Ch. 144, par. 28f)
21    Sec. 7f. Partial tuition waivers.
22    (a) As used in this Section, "Illinois college or
23university" means any of the following: the University of
24Illinois, Southern Illinois University at Carbondale, Southern

 

 

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1Illinois University at Edwardsville, Chicago State University,
2Eastern Illinois University, Governors State University,
3Illinois State University, Northeastern Illinois University,
4Northern Illinois University, and Western Illinois University.
5    (b) Each year the Board of Trustees of the University of
6Illinois shall offer 50% tuition waivers for undergraduate
7education at any campus under its governance or supervision to
8the children of employees of an Illinois college or university
9who have been employed by any one or by more than one Illinois
10college or university for an aggregate period of at least 7
11years. To be eligible to receive a partial tuition waiver, the
12child of an employee of an Illinois college or university (i)
13must be under the age of 25 at the commencement of the academic
14year during which the partial tuition waiver is to be
15effective, and (ii) must qualify for admission to the
16University of Illinois under the same admissions requirements,
17standards and policies which the University of Illinois applies
18to applicants for admission generally to its respective
19undergraduate colleges and programs.
20    (c) Subject to the provisions and limitations of subsection
21(b), an eligible applicant who has continued to maintain
22satisfactory academic progress toward graduation may have his
23or her partial tuition waiver renewed until the time as he or
24she has expended 4 years of undergraduate partial tuition
25waiver benefits under this Section.
26    (d) No partial tuition waiver offered or allocated to any

 

 

HB5861- 189 -LRB100 21543 AXK 38472 b

1eligible applicant in accordance with the provisions of this
2Section shall be charged against any tuition waiver limitation
3established by the Illinois Board of Higher Education.
4    (e) The Board of Trustees shall prescribe rules and
5regulations as are necessary to implement and administer the
6provisions of this Section.
7(Source: P.A. 90-282, eff. 1-1-98.)
 
8    Section 235. The Southern Illinois University Objects Act
9is amended by changing the title and Sections 2, 12, and 15 as
10follows:
 
11    (110 ILCS 510/Act title)
12An Act in relation to the Southern Illinois University at
13Carbondale and Southern Illinois University at Edwardsville.
 
14    (110 ILCS 510/2)  (from Ch. 144, par. 602)
15    Sec. 2. The objects of Southern Illinois University at
16Carbondale and Southern Illinois University at Edwardsville
17shall be to qualify teachers for the schools of this State in
18all branches of study which pertain to a common school
19education; to teach such branches of learning as are related to
20agriculture and the mechanic arts, including military tactics;
21to offer such courses of instruction as shall best serve to
22provide liberal and vocational education customarily offered
23at the college level; and to offer such other courses of

 

 

HB5861- 190 -LRB100 21543 AXK 38472 b

1instruction as these Universities determine the University
2determines; provided no professional courses culminating in
3degrees in law, medicine, dentistry or pharmacy may be offered
4by such Universities University unless approved by the Board of
5Higher Education as provided in Section 7 of the Board of
6Higher Education Act "An Act creating a Board of Higher
7Education, defining its powers and duties, making an
8appropriation therefor, and repealing an Act herein named",
9approved August 22, 1961, as heretofore and hereafter amended.
10(Source: Laws 1963, p. 3272.)
 
11    (110 ILCS 510/12)  (from Ch. 144, par. 612)
12    Sec. 12. The Board of Trustees of Southern Illinois
13University at Carbondale and the Board of Trustees of Southern
14Illinois University at Edwardsville shall appoint instructors,
15and such officers as may be required, fix their respective
16salaries and prescribe their duties. Each The board may remove
17any instructor or officer for proper cause giving 10 ten days'
18notice of any charge presented, and reasonable opportunity of
19defense. Each The board shall prescribe and provide the
20textbooks, apparatus and furniture to be used in the university
21and make all regulations necessary for its management. Each The
22board may, on recommendation of the faculty of the university,
23issue diplomas to persons who have satisfactorily completed the
24required studies and confer such degrees as are suitable for
25the courses of study authorized by Section 2.

 

 

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1(Source: Laws 1949, p. 1420.)
 
2    (110 ILCS 510/15)  (from Ch. 144, par. 615)
3    Sec. 15. The expense of the building, improving, repairing
4and supplying fuel and furniture and the necessary appliances
5and apparatus for conducting said universities school, and the
6salaries or compensation of the Board of Trustees of Southern
7Illinois University at Carbondale and the Board of Trustees of
8Southern Illinois University at Edwardsville, the
9superintendent, assistants, agents and employees, shall be a
10charge upon the State Treasury; all other expenses shall be
11chargeable against pupils, and each the Board of Trustees of
12Southern Illinois University shall regulate the charges
13accordingly.
14(Source: Laws 1949, p. 1420.)
 
15    Section 240. The Southern Illinois University Management
16Act is amended by changing the title and Sections 1, 2, 4, 5,
176.6, 8, 8a, 8b, 8c, 8e, and 8f and adding Sections 0.05, 1.5,
181.10, 3.5, 3.10, and 3.15 as follows:
 
19    (110 ILCS 520/Act title)
20An Act providing for the management, operation, control and
21maintenance of Southern Illinois University at Carbondale and
22Southern Illinois University at Edwardsville.
 

 

 

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1    (110 ILCS 520/0.05 new)
2    Sec. 0.05. Definitions. In this Act:
3    "Board" and "Board of Trustees" mean both the Board of
4Trustees of Southern Illinois University at Carbondale and the
5Board of Trustees of Southern Illinois University at
6Edwardsville.
7    "University" means both Southern Illinois University at
8Carbondale and Southern Illinois University at Edwardsville.
 
9    (110 ILCS 520/1)  (from Ch. 144, par. 651)
10    Sec. 1. There is hereby created a body politic and
11corporate which shall be styled the Board of Trustees of
12Southern Illinois University to operate, manage, control and
13maintain the University, hereinafter called the Board. The
14Board of Trustees of Southern Illinois University is abolished
15on July 1, 2018. On July 1, 2018, the governance and control of
16Southern Illinois University shall pass to and rest within the
17new boards of trustees created under Sections 1.5 and 1.10 of
18this Act as provided by law. The sole function and power of the
19Board of Trustees of Southern Illinois University from June 1,
202018 until its abolition on July 1, 2018 shall be to assist in
21transferring all books, records, papers, documents, pending
22business, accounts, and all real and personal property
23belonging to or held for the use and benefit of Southern
24Illinois University that until July 1, 2018 was under the Board
25of Trustees' governance to the new boards of trustees as

 

 

HB5861- 193 -LRB100 21543 AXK 38472 b

1provided by law.
2(Source: Laws 1951, p. 1407.)
 
3    (110 ILCS 520/1.5 new)
4    Sec. 1.5. Southern Illinois University at Carbondale;
5creation of board.
6    (a) There is hereby created a body politic and corporate
7that shall be styled the Board of Trustees of Southern Illinois
8University at Carbondale to operate, manage, control, and
9maintain Southern Illinois University at Carbondale.
10    (b) That part of Southern Illinois University associated
11with the Carbondale campus and the School of Law before July 1,
122018, shall hereafter be known as Southern Illinois University
13at Carbondale, shall be under the governance and control of the
14Board of Trustees of Southern Illinois University at
15Carbondale, and beginning on July 1, 2018, shall award
16appropriate degrees in the name of Southern Illinois University
17at Carbondale.
 
18    (110 ILCS 520/1.10 new)
19    Sec. 1.10. Southern Illinois University at Edwardsville;
20creation of board.
21    (a) There is hereby created a body politic and corporate
22that shall be styled the Board of Trustees of Southern Illinois
23University at Edwardsville to operate, manage, control, and
24maintain Southern Illinois University at Edwardsville.

 

 

HB5861- 194 -LRB100 21543 AXK 38472 b

1    (b) That part of the Southern Illinois University
2associated with the Edwardsville campus and the School of
3Medicine, School of Dental Medicine, School of Pharmacy, School
4of Nursing, and the East St. Louis Center before July 1, 2018
5shall hereafter be known as Southern Illinois University at
6Edwardsville, shall be under the governance and control of the
7Board of Trustees of Southern Illinois University at
8Edwardsville, and beginning on July 1, 2018, shall award
9appropriate degrees in the name of Southern Illinois University
10at Edwardsville.
 
11    (110 ILCS 520/2)  (from Ch. 144, par. 652)
12    Sec. 2. The Board shall consist of 7 voting members
13appointed by the Governor, by and with the advice and consent
14of the Senate, the Superintendent of Public Instruction, or his
15chief assistant for liaison with higher education when
16designated to serve in his place, ex-officio, and one voting
17student member designated by the Governor from one campus of
18the University and one nonvoting student member who is a
19student at from the campus of the University not represented by
20the voting student member. The Governor shall designate one of
21the student members serving on the Board to serve as the voting
22student member. Each student member shall be chosen by the
23respective campuses of Southern Illinois University at
24Carbondale and Edwardsville. The method of choosing the these
25student member members shall be by campus-wide student

 

 

HB5861- 195 -LRB100 21543 AXK 38472 b

1election, and any student designated by the Governor to be a
2voting student member shall be one of the students chosen by
3this method. The student member members shall serve a term
4terms of one year beginning on July 1 of each year, except that
5the student member members initially selected shall serve a
6term beginning on the date of such selection and expiring on
7the next succeeding June 30. To be eligible for selection as a
8student member and to be eligible to remain as a voting or
9nonvoting student member of the Board, the a student member
10must be a resident of this State, must have and maintain a
11grade point average that is equivalent to at least 2.5 on a 4.0
12scale, and must be a full time student enrolled at all times
13during his or her term of office except for that part of the
14term which follows the completion of the last full regular
15semester of an academic year and precedes the first full
16regular semester of the succeeding academic year at the
17university (sometimes commonly referred to as the summer
18session or summer school). If the a voting or nonvoting student
19member serving on the Board fails to continue to meet or
20maintain the residency, minimum grade point average, or
21enrollment requirement established by this Section, his or her
22membership on the Board shall be deemed to have terminated by
23operation of law. No more than 4 of the members appointed by
24the Governor shall be affiliated with the same political party.
25Each member appointed by the Governor must be a resident of
26this State. A failure to meet or maintain this residency

 

 

HB5861- 196 -LRB100 21543 AXK 38472 b

1requirement constitutes a resignation from and creates a
2vacancy in the Board. Of the members first appointed by the
3Governor, 4 shall be appointed for terms to expire on the third
4Monday in January, 2022 and 3 shall be appointed for terms to
5expire on the third Monday in January, 2024. If the Senate is
6not in session on July 1, 2018 or if a vacancy in an appointive
7membership occurs at a time when the Senate is not in session,
8the Governor shall make temporary appointments until the next
9meeting of the Senate when he or she shall nominate persons to
10fill such memberships for the remainder of their respective
11terms. Upon the expiration of the terms of members appointed by
12the Governor, their respective successors shall be appointed
13for terms of 6 years from the third Monday in January of each
14odd-numbered year and until their respective successors are
15appointed for like terms. If the Senate is not in session
16appointments shall be made as in the case of vacancies.
17(Source: P.A. 91-778, eff. 1-1-01; 91-798, eff. 7-9-00; 92-16,
18eff. 6-28-01.)
 
19    (110 ILCS 520/3.5 new)
20    Sec. 3.5. Southern Illinois University at Carbondale;
21transfer of authority. All of the rights, powers, and duties
22vested by law in the Board of Trustees of Southern Illinois
23University before July 1, 2014 and relating to the operation,
24management, control, and maintenance of Southern Illinois
25University at Carbondale prior to its change of name and status

 

 

HB5861- 197 -LRB100 21543 AXK 38472 b

1are hereby transferred to and vested in the Board of Trustees
2of Southern Illinois University at Carbondale.
3    All books, records, papers, documents, and pending
4business in any way pertaining to Southern Illinois University
5at Carbondale prior to its change of name and status and held
6by the Board of Trustees of Southern Illinois University before
7July 1, 2018 are hereby transferred from the Board of Trustees
8of Southern Illinois University to the Board of Trustees of
9Southern Illinois University at Carbondale.
10    On July 1, 2018, the rules and regulations previously
11promulgated by the Board of Trustees of Southern Illinois
12University and applicable to Southern Illinois University at
13Carbondale prior to its change of name and status shall be the
14rules and regulations applicable to Southern Illinois
15University at Carbondale, provided that, beginning on July 1,
162018, any or all of the rules and regulations may be changed or
17rescinded by the Board of Trustees of Southern Illinois
18University at Carbondale.
19    The right of custody, possession, and control over all
20items of income, funds, or deposits in any way pertaining to
21Southern Illinois University at Carbondale prior to its change
22of name and status that before July 1, 2018 were held or
23retained by or under the jurisdiction of the Board of Trustees
24of Southern Illinois University under the authority of the
25State Finance Act as that Act existed before July 1, 2018, is
26hereby transferred to and vested in the Board of Trustees of

 

 

HB5861- 198 -LRB100 21543 AXK 38472 b

1Southern Illinois University at Carbondale to be retained by
2Southern Illinois University at Carbondale in its own treasury,
3or deposited with a bank or savings and loan association, all
4in accordance with the provisions of the State Finance Act.
5    There is hereby transferred from the Board of Trustees of
6Southern Illinois University to the Board of Trustees of
7Southern Illinois University at Carbondale the power of order
8and direction over the disbursement of those funds in any way
9pertaining to Southern Illinois University at Carbondale prior
10to its change of name and status that immediately prior to the
11effective date of this amendatory Act of the 100th General
12Assembly were retained by Southern Illinois University in its
13own treasury under the authority of the State Finance Act as
14that Act existed prior to July 1, 2018, provided that such
15funds shall be disbursed from time to time pursuant to the
16order and direction of the Board of Trustees of Southern
17Illinois University at Carbondale in accordance with any
18contracts, pledges, trusts, or agreements heretofore made with
19respect to the use or application of such funds by the Board of
20Trustees of Southern Illinois University.
21    The Board of Trustees of Southern Illinois University at
22Carbondale shall succeed to, assume, and exercise all rights,
23powers, duties, and responsibilities formerly exercised by the
24Board of Trustees of Southern Illinois University on behalf of
25Southern Illinois University at Carbondale before its change of
26name and status. All contracts and agreements entered into by

 

 

HB5861- 199 -LRB100 21543 AXK 38472 b

1the Board of Trustees of Southern Illinois University on behalf
2of Southern Illinois University at Carbondale before its change
3of name and status shall subsist notwithstanding the transfer
4of the functions of the Board of Trustees of Southern Illinois
5University, with respect to Southern Illinois University at
6Carbondale prior to its change of name and status, to the Board
7of Trustees of Southern Illinois University at Carbondale. All
8bonds, notes, and other evidences of indebtedness outstanding
9on July 1, 2018 issued by the Board of Trustees of Southern
10Illinois University on behalf of Southern Illinois University
11at Carbondale before its change of name and status shall become
12the bonds, notes, or other evidences of indebtedness of
13Southern Illinois University at Carbondale and shall be
14otherwise unaffected by the transfer of functions to the Board
15of Trustees of Southern Illinois University at Carbondale. Any
16action with respect to Southern Illinois University at
17Carbondale prior to its change of name and status, including
18without limitation approvals of applications for bonds and
19resolutions constituting official action under the Internal
20Revenue Code, by the Board of Trustees of Southern Illinois
21University before July 1, 2014 shall remain effective to the
22same extent as if that action had been taken by the Board of
23Trustees of Southern Illinois University at Carbondale and
24shall be deemed to be action taken by the Board of Trustees of
25Southern Illinois University at Carbondale for Southern
26Illinois University at Carbondale.

 

 

HB5861- 200 -LRB100 21543 AXK 38472 b

1    The title to all other property, whether real, personal or
2mixed, and all accounts receivable belonging to or under the
3jurisdiction of the Board of Trustees of Southern Illinois
4University for Southern Illinois University at Carbondale
5prior to its change of name and status is hereby transferred to
6and vested in the Board of Trustees of Southern Illinois
7University at Carbondale to be held for the People of the State
8of Illinois.
9    The employment of all academic and nonacademic personnel of
10Southern Illinois University at Carbondale prior to its change
11of name and status is hereby transferred from the Board of
12Trustees of Southern Illinois University to the Board of
13Trustees of Southern Illinois University at Carbondale, but the
14locus of employment shall not be transferred. The transfer
15shall not affect the status and rights of any person under the
16State Universities Retirement System or the State Universities
17Civil Service System. On July 1, 2018, the individuals whose
18employment is so transferred shall be credited with earned
19vacation days and sick leave days accrued before the transfer.
20    On July 1, 2018, individuals who were students of Southern
21Illinois University at Carbondale prior to its change of name
22and status shall be students of Southern Illinois University at
23Carbondale.
 
24    (110 ILCS 520/3.10 new)
25    Sec. 3.10. Southern Illinois University at Edwardsville;

 

 

HB5861- 201 -LRB100 21543 AXK 38472 b

1transfer of authority. All of the rights, powers, and duties
2vested by law in the Board of Trustees of Southern Illinois
3University before July 1, 2018 and relating to the operation,
4management, control, and maintenance of Southern Illinois
5University at Edwardsville prior to its change of name and
6status are hereby transferred to and vested in the Board of
7Trustees of Southern Illinois University at Edwardsville.
8    All books, records, papers, documents, and pending
9business in any way pertaining to Southern Illinois University
10at Edwardsville prior to its change of name and status and held
11by the Board of Trustees of Southern Illinois University before
12July 1, 2018 are hereby transferred from the Board of Trustees
13of Southern Illinois University to the Board of Trustees of
14Southern Illinois University at Edwardsville.
15    On July 1, 2018, the rules and regulations previously
16promulgated by the Board of Trustees of Southern Illinois
17University and applicable to Southern Illinois University at
18Edwardsville prior to its change of name and status shall be
19the rules and regulations applicable to Southern Illinois
20University at Edwardsville, provided that, beginning on July 1,
212018, any or all of the rules and regulations may be changed or
22rescinded by the Board of Trustees of Southern Illinois
23University at Edwardsville.
24    The right of custody, possession, and control over all
25items of income, funds, or deposits in any way pertaining to
26Southern Illinois University at Edwardsville prior to its

 

 

HB5861- 202 -LRB100 21543 AXK 38472 b

1change of name and status that before July 1, 2018 were held or
2retained by or under the jurisdiction of the Board of Trustees
3of Southern Illinois University under the authority of the
4State Finance Act as that Act existed before July 1, 2018, is
5hereby transferred to and vested in the Board of Trustees of
6Southern Illinois University at Edwardsville to be retained by
7Southern Illinois University at Edwardsville in its own
8treasury, or deposited with a bank or savings and loan
9association, all in accordance with the provisions of the State
10Finance Act.
11    There is hereby transferred from the Board of Trustees of
12Southern Illinois University to the Board of Trustees of
13Southern Illinois University at Edwardsville the power of order
14and direction over the disbursement of those funds in any way
15pertaining to Southern Illinois University at Edwardsville
16prior to its change of name and status that immediately prior
17to the effective date of this amendatory Act of the 100th
18General Assembly were retained by Southern Illinois University
19in its own treasury under the authority of the State Finance
20Act as that Act existed prior to July 1, 2018, provided that
21such funds shall be disbursed from time to time pursuant to the
22order and direction of the Board of Trustees of Southern
23Illinois University at Edwardsville in accordance with any
24contracts, pledges, trusts, or agreements heretofore made with
25respect to the use or application of such funds by the Board of
26Trustees of Southern Illinois University.

 

 

HB5861- 203 -LRB100 21543 AXK 38472 b

1    The Board of Trustees of Southern Illinois University at
2Edwardsville shall succeed to, assume, and exercise all rights,
3powers, duties, and responsibilities formerly exercised by the
4Board of Trustees of Southern Illinois University on behalf of
5Southern Illinois University at Edwardsville before its change
6of name and status. All contracts and agreements entered into
7by the Board of Trustees of Southern Illinois University on
8behalf of Southern Illinois University at Edwardsville before
9its change of name and status shall subsist notwithstanding the
10transfer of the functions of the Board of Trustees of Southern
11Illinois University, with respect to Southern Illinois
12University at Edwardsville prior to its change of name and
13status, to the Board of Trustees of Southern Illinois
14University at Edwardsville. All bonds, notes, and other
15evidences of indebtedness outstanding on July 1, 2018 issued by
16the Board of Trustees of Southern Illinois University on behalf
17of Southern Illinois University at Edwardsville before its
18change of name and status shall become the bonds, notes, or
19other evidences of indebtedness of Southern Illinois
20University at Edwardsville and shall be otherwise unaffected by
21the transfer of functions to the Board of Trustees of Southern
22Illinois University at Edwardsville. Any action with respect to
23Southern Illinois University at Edwardsville prior to its
24change of name and status, including without limitation
25approvals of applications for bonds and resolutions
26constituting official action under the Internal Revenue Code,

 

 

HB5861- 204 -LRB100 21543 AXK 38472 b

1by the Board of Trustees of Southern Illinois University before
2July 1, 2018 shall remain effective to the same extent as if
3that action had been taken by the Board of Trustees of Southern
4Illinois University at Edwardsville and shall be deemed to be
5action taken by the Board of Trustees of Southern Illinois
6University at Edwardsville for Southern Illinois University at
7Edwardsville.
8    The title to all other property, whether real, personal or
9mixed, and all accounts receivable belonging to or under the
10jurisdiction of the Board of Trustees of Southern Illinois
11University for Southern Illinois University at Edwardsville
12prior to its change of name and status is hereby transferred to
13and vested in the Board of Trustees of Southern Illinois
14University at Edwardsville to be held for the People of the
15State of Illinois.
16    The employment of all academic and nonacademic personnel of
17Southern Illinois University at Edwardsville prior to its
18change of name and status is hereby transferred from the Board
19of Trustees of Southern Illinois University to the Board of
20Trustees of Southern Illinois University at Edwardsville, but
21the locus of employment shall not be transferred. The transfer
22shall not affect the status and rights of any person under the
23State Universities Retirement System or the State Universities
24Civil Service System. On July 1, 2018, the individuals whose
25employment is so transferred shall be credited with earned
26vacation days and sick leave days accrued before the transfer.

 

 

HB5861- 205 -LRB100 21543 AXK 38472 b

1    On July 1, 2018, individuals who were students of Southern
2Illinois University at Edwardsville prior to its change of name
3and status shall be students of Southern Illinois University at
4Edwardsville.
 
5    (110 ILCS 520/3.15 new)
6    Sec. 3.15. Inability to transfer. Anything under Section
73.5 or 3.10 of this Act that cannot be transferred to the Board
8of Trustees of Southern Illinois University at Carbondale or
9the Board of Trustees of Southern Illinois University at
10Edwardsville because it was not related to either Southern
11Illinois University at Carbondale prior to its change of name
12and status or Southern Illinois University at Edwardsville
13prior to its change of name and status shall be divided
14equally, if possible, or shared between the 2 universities.
 
15    (110 ILCS 520/4)  (from Ch. 144, par. 654)
16    Sec. 4. Members of the Board shall serve without
17compensation but shall be entitled to reasonable amounts for
18expenses necessarily incurred in the performance of their
19duties. Such expenses incurred by the any non-voting student
20member may, at the discretion of the Chairperson Chairman of
21the Board, be provided for by advance payment to the student
22such member, who shall account therefor to the Board
23immediately after each meeting.
24    No member of the Board shall hold or be employed in or

 

 

HB5861- 206 -LRB100 21543 AXK 38472 b

1appointed to any office or place under the authority of the
2Board, nor shall any member of the Board be directly or
3indirectly interested in any contract made by the Board, nor
4shall he or she be an employee of the State government
5Government. This Section section does not prohibit the student
6member members of the Board from maintaining normal and
7official status as an enrolled student students or normal
8student employment at the Southern Illinois University.
9(Source: P.A. 93-1096, eff. 1-1-06.)
 
10    (110 ILCS 520/5)  (from Ch. 144, par. 655)
11    Sec. 5. Members of the Board shall elect annually by secret
12ballot from their own number a chairperson chairman who shall
13preside over meetings of the Board and a secretary.
14    Meetings of the Board shall be held at least once each
15quarter on the a campus of the Southern Illinois University. At
16all regular meetings of the Board, a majority of its voting
17members shall constitute a quorum. The student member members
18shall have all of the privileges of membership, including the
19right to make and second motions and to attend executive
20sessions, other than the right to vote, but the except that the
21student member designated by the Governor as the voting student
22member shall have the right to vote on all Board matters except
23those involving faculty tenure, faculty promotion or any issue
24on which the student member has a direct conflict of interest.
25For the purposes of this Section, a student member shall not be

 

 

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1deemed to have a direct conflict of interest in and may vote on
2any item involving the employment or compensation of the
3Chancellor at any campus or the President of the University or
4the election of officers. A student member who is not entitled
5to vote on a measure at a meeting of the Board or any of its
6committees shall not be considered a member for the purpose of
7determining whether a quorum is present at any meeting of the
8Board or any of its committees the time that measure is voted
9upon. No action of the Board shall be invalidated by reason of
10any vacancies on the Board, or by reason of any failure to
11select a student member.
12    Special meetings of the Board may be called by the
13chairperson chairman of the Board or by any 3 members of the
14Board.
15    At each regular and special meeting that is open to the
16public, members of the public and employees of the University
17shall be afforded time, subject to reasonable constraints, to
18make comments to or ask questions of the Board.
19(Source: P.A. 99-734, eff. 8-5-16.)
 
20    (110 ILCS 520/6.6)
21    Sec. 6.6. The Illinois Ethanol Research Advisory Board.
22    (a) There is established the Illinois Ethanol Research
23Advisory Board (the "Advisory Board").
24    (b) The Advisory Board shall be composed of 13 members
25including: the President of Southern Illinois University at

 

 

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1Edwardsville who shall be Chairperson Chairman; the Director of
2Commerce and Economic Opportunity; the Director of
3Agriculture; the President of the Illinois Corn Growers
4Association; the President of the National Corn Growers
5Association; the President of the Renewable Fuels Association;
6the Dean of the College of Agricultural, Consumer, and
7Environmental Science, University of Illinois at
8Champaign-Urbana; and 6 at-large members appointed by the
9Governor representing the ethanol industry, growers,
10suppliers, and universities.
11    (c) The 6 at-large members shall serve a term of 4 years.
12The Advisory Board shall meet at least annually or at the call
13of the Chairperson Chairman. At any time a majority of the
14Advisory Board may petition the Chairperson Chairman for a
15meeting of the Board. Seven members of the Advisory Board shall
16constitute a quorum.
17    (d) The Advisory Board shall:
18        (1) Review the annual operating plans and budget of the
19    National Corn-to-Ethanol Research Pilot Plant.
20        (2) Advise on research and development priorities and
21    projects to be carried out at the Corn-to-Ethanol Research
22    Pilot Plant.
23        (3) Advise on policies and procedures regarding the
24    management and operation of the ethanol research pilot
25    plant. This may include contracts, project selection, and
26    personnel issues.

 

 

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1        (4) Develop bylaws.
2        (5) Submit a final report to the Governor and General
3    Assembly outlining the progress and accomplishments made
4    during the year along with a financial report for the year.
5        (6) Establish and operate, subject to specific
6    appropriation for the purpose of providing facility
7    operating funds, the National Corn-to-Ethanol Research
8    Center at Southern Illinois University at Edwardsville as a
9    State Biorefining Center of Excellence with the following
10    purposes and goals:
11            (A) To utilize interdisciplinary,
12        interinstitutional, and industrial collaborations to
13        conduct research.
14            (B) To provide training and services to the ethanol
15        fuel industry to make projects and training to advance
16        the biofuels industry in the State more affordable for
17        the institutional and industrial bodies, including,
18        but not limited to, Illinois farmer-owned ethanol
19        cooperatives.
20            (C) To coordinate near-term industry research
21        needs and laboratory services by identifying needs and
22        pursuing federal and other funding sources.
23            (D) To develop and provide hands-on training to
24        prepare students for the biofuels workforce and train
25        workforce reentrants.
26            (E) To serve as an independent, third-party source

 

 

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1        for review, testing, validation standardization, and
2        definition in areas of industry need.
3            (F) To provide seminars, tours, and informational
4        sessions advocating renewable energy.
5            (G) To provide consultation services and
6        information for those interested in renewable energy.
7            (H) To develop demonstration projects by pursuing
8        federal and other funding sources.
9    (e) The Advisory Board established by this Section is a
10continuation, as changed by the Section, of the Board
11established under Section 8a of the Energy Conservation and
12Coal Act and repealed by this amendatory Act of the 92nd
13General Assembly.
14(Source: P.A. 94-793, eff. 5-19-06; 95-99, eff. 1-1-08.)
 
15    (110 ILCS 520/8)  (from Ch. 144, par. 658)
16    Sec. 8. Powers and duties of the Board. The Board shall
17have power and it shall be its duty:
18        1. To make rules, regulations and by-laws, not
19    inconsistent with law, for the government and management of
20    the Southern Illinois University and its branches.
21        2. To employ, and, for good cause, to remove a
22    president of the Southern Illinois University, and all
23    necessary deans, professors, associate professors,
24    assistant professors, instructors, and other educational
25    and administrative assistants, and all other necessary

 

 

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1    employees, and contract with them upon matters relating to
2    tenure, salaries and retirement benefits in accordance
3    with the State Universities Civil Service Act; the Board
4    shall, upon the written request of an employee of the
5    Southern Illinois University, withhold from the
6    compensation of that employee any dues, payments or
7    contributions payable by such employee to any labor
8    organization as defined in the Illinois Educational Labor
9    Relations Act. Under such arrangement, an amount shall be
10    withheld from each regular payroll period which is equal to
11    the pro rata share of the annual dues plus any payments or
12    contributions, and the Board shall transmit such
13    withholdings to the specified labor organization within 10
14    working days from the time of the withholding. Whenever the
15    Board establishes a search committee to fill the position
16    of president of the Southern Illinois University, there
17    shall be minority representation, including women, on that
18    search committee.
19        3. To prescribe the course of study to be followed, and
20    textbooks and apparatus to be used at the Southern Illinois
21    University.
22        4. To issue upon the recommendation of the faculty,
23    diplomas to such persons as have satisfactorily completed
24    the required studies of the Southern Illinois University,
25    and confer such professional and literary degrees as are
26    usually conferred by other institutions of like character

 

 

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1    for similar or equivalent courses of study, or such as the
2    Board may deem appropriate.
3        5. To examine into the conditions, management, and
4    administration of the Southern Illinois University, to
5    provide the requisite buildings, apparatus, equipment and
6    auxiliary enterprises, and to fix and collect
7    matriculation fees; tuition fees; fees for student
8    activities; fees for student facilities such as student
9    union buildings or field houses or stadium or other
10    recreational facilities; student welfare fees; laboratory
11    fees and similar fees for supplies and material.
12        6. To succeed to and to administer all trusts, trust
13    property, and gifts now or hereafter belonging or
14    pertaining to the Southern Illinois University.
15        7. To accept endowments of professorships or
16    departments in the University from any person who may
17    proffer them and, at regular meetings, to prescribe rules
18    and regulations in relation to endowments and declare on
19    what general principles they may be accepted.
20        8. To enter into contracts with the Federal government
21    for providing courses of instruction and other services at
22    the Southern Illinois University for persons serving in or
23    with the military or naval forces of the United States, and
24    to provide such courses of instruction and other services.
25        9. To provide for the receipt and expenditures of
26    Federal funds, paid to the Southern Illinois University by

 

 

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1    the Federal government for instruction and other services
2    for persons serving in or with the military or naval forces
3    of the United States and to provide for audits of such
4    funds.
5        10. To appoint, subject to the applicable civil service
6    law, persons to be members of the Southern Illinois
7    University Police Department. Members of the Police
8    Department shall be conservators of the peace and as such
9    have all powers possessed by policemen in cities, and
10    sheriffs, including the power to make arrests on view or
11    warrants of violations of state statutes, university rules
12    and regulations and city or county ordinances, except that
13    they may exercise such powers only within counties wherein
14    the university and any of its branches or properties are
15    located when such is required for the protection of
16    university properties and interests, and its students and
17    personnel, and otherwise, within such counties, when
18    requested by appropriate State or local law enforcement
19    officials. However, such officers shall have no power to
20    serve and execute civil processes.
21        The Board must authorize to each member of the Southern
22    Illinois University Police Department and to any other
23    employee of the Southern Illinois University exercising
24    the powers of a peace officer a distinct badge that, on its
25    face, (i) clearly states that the badge is authorized by
26    the Southern Illinois University and (ii) contains a unique

 

 

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1    identifying number. No other badge shall be authorized by
2    the Southern Illinois University.
3        10.5. To conduct health care programs in furtherance of
4    its teaching, research, and public service functions,
5    which shall include without limitation patient and
6    ancillary facilities, institutes, clinics, or offices
7    owned, leased, or purchased through an equity interest by
8    the Board or its appointed designee to carry out such
9    activities in the course of or in support of the Board's
10    academic, clinical, and public service responsibilities.
11        10.10. With respect to the Board of Trustees of
12    Southern Illinois University at Edwardsville, to
13    administer the School of Medicine, School of Dental
14    Medicine, School of Pharmacy, School of Nursing, and the
15    East St. Louis Center.
16        11. With respect to the Board of Trustees of Southern
17    Illinois University at Edwardsville, to To administer a
18    plan or plans established by the clinical faculty of the
19    School of Medicine or the School of Dental Medicine for the
20    billing, collection and disbursement of charges for
21    services performed in the course of or in support of the
22    faculty's academic responsibilities, provided that such
23    plan has been first approved by Board action. All such
24    collections shall be deposited into a special fund or funds
25    administered by the Board from which disbursements may be
26    made according to the provisions of said plan. The

 

 

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1    reasonable costs incurred, by the University,
2    administering the billing, collection and disbursement
3    provisions of a plan shall have first priority for payment
4    before distribution or disbursement for any other purpose.
5    Audited financial statements of the plan or plans must be
6    provided to the Legislative Audit Commission annually.
7        The Board of Trustees may own, operate, or govern, by
8    or through the School of Medicine, a managed care community
9    network established under subsection (b) of Section 5-11 of
10    the Illinois Public Aid Code.
11        12. The Board of Trustees may, directly or in
12    cooperation with other institutions of higher education,
13    acquire by purchase or lease or otherwise, and construct,
14    enlarge, improve, equip, complete, operate, control and
15    manage medical research and high technology parks,
16    together with the necessary lands, buildings, facilities,
17    equipment, and personal property therefor, to encourage
18    and facilitate (a) the location and development of business
19    and industry in the State of Illinois, and (b) the
20    increased application and development of technology and
21    (c) the improvement and development of the State's economy.
22    The Board of Trustees may lease to nonprofit corporations
23    all or any part of the land, buildings, facilities,
24    equipment or other property included in a medical research
25    and high technology park upon such terms and conditions as
26    the Board of Trustees may deem advisable and enter into any

 

 

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1    contract or agreement with such nonprofit corporations as
2    may be necessary or suitable for the construction,
3    financing, operation and maintenance and management of any
4    such park; and may lease to any person, firm, partnership
5    or corporation, either public or private, any part or all
6    of the land, building, facilities, equipment or other
7    property of such park for such purposes and upon such
8    rentals, terms and conditions as the Board of Trustees may
9    deem advisable; and may finance all or part of the cost of
10    any such park, including the purchase, lease,
11    construction, reconstruction, improvement, remodeling,
12    addition to, and extension and maintenance of all or part
13    of such high technology park, and all equipment and
14    furnishings, by legislative appropriations, government
15    grants, contracts, private gifts, loans, receipts from the
16    operation of such high technology park, rentals and similar
17    receipts; and may make its other facilities and services
18    available to tenants or other occupants of any such park at
19    rates which are reasonable and appropriate.
20        13. To borrow money, as necessary, from time to time in
21    anticipation of receiving tuition, payments from the State
22    of Illinois, or other revenues or receipts of the
23    University, also known as anticipated moneys. The
24    borrowing limit shall be capped at 100% of the total amount
25    of payroll and other expense vouchers submitted and payable
26    to the University for fiscal year 2010 expenses, but unpaid

 

 

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1    by the State Comptroller's office. Prior to borrowing any
2    funds, the University shall request from the Comptroller's
3    office a verification of the borrowing limit and shall
4    include the estimated date on which such borrowing shall
5    occur. The borrowing limit cap shall be verified by the
6    State Comptroller's office not prior to 45 days before any
7    estimated date for executing any promissory note or line of
8    credit established under this item 13. The principal amount
9    borrowed under a promissory note or line of credit shall
10    not exceed 75% of the borrowing limit. Within 15 days after
11    borrowing funds under any promissory note or line of credit
12    established under this item 13, the University shall submit
13    to the Governor's Office of Management and Budget, the
14    Speaker of the House of Representatives, the Minority
15    Leader of the House of Representatives, the President of
16    the Senate, and the Minority Leader of the Sena