96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB4566

 

Introduced 5/20/2009, by Rep. Chapin Rose

 

SYNOPSIS AS INTRODUCED:
 
110 ILCS 305/45 new
110 ILCS 520/30 new
110 ILCS 660/5-140 new
110 ILCS 665/10-140 new
110 ILCS 670/15-140 new
110 ILCS 675/20-145 new
110 ILCS 680/25-140 new
110 ILCS 685/30-150 new
110 ILCS 690/35-145 new

    Amends various Acts relating to the governance of public universities in Illinois. Prohibits the governing board of each public university from participating in the creation of any university-related organization (defined as a foundation, athletic association, alumni association, or corporate outgrowth), unless there is a written contract between the board and the university-related organization setting forth the terms and conditions of the agreement. Provides that the contract must require the university-related organization to consent to enter into a written agreement with the Auditor General providing for an audit of the university-related organization at least once every 2 years by the Auditor General. Provides that any contracts between the board and university-related organizations existing on the effective date of the amendatory Act must be amended as soon as possible to require the university-related organization's consent to an audit by the Auditor General as a condition of the university's continued affiliation with the university-related organization.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB4566 LRB096 12956 NHT 26965 b

1     AN ACT concerning higher education.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The University of Illinois Act is amended by
5 adding Section 45 as follows:
 
6     (110 ILCS 305/45 new)
7     Sec. 45. University-related organization; audit.
8     (a) In this Section, "university-related organization"
9 means a foundation, athletic association, alumni association,
10 or corporate outgrowth.
11     (b) The Board of Trustees shall not participate in the
12 creation of any university-related organization, unless there
13 is a written contract between the Board of Trustees and the
14 university-related organization setting forth the terms and
15 conditions of the agreement. The contract must require the
16 university-related organization to consent to enter into a
17 written agreement with the Auditor General providing for an
18 audit of the university-related organization at least once
19 every 2 years by the Auditor General. Any contracts between the
20 Board of Trustees and university-related organizations
21 existing on the effective date of this amendatory Act of the
22 96th General Assembly must be amended as soon as possible to
23 require the university-related organization's consent to an

 

 

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1 audit by the Auditor General as a condition of the University's
2 continued affiliation with the university-related
3 organization.
 
4     Section 10. The Southern Illinois University Management
5 Act is amended by adding Section 30 as follows:
 
6     (110 ILCS 520/30 new)
7     Sec. 30. University-related organization; audit.
8     (a) In this Section, "university-related organization"
9 means a foundation, athletic association, alumni association,
10 or corporate outgrowth.
11     (b) The Board shall not participate in the creation of any
12 university-related organization, unless there is a written
13 contract between the Board and the university-related
14 organization setting forth the terms and conditions of the
15 agreement. The contract must require the university-related
16 organization to consent to enter into a written agreement with
17 the Auditor General providing for an audit of the
18 university-related organization at least once every 2 years by
19 the Auditor General. Any contracts between the Board and
20 university-related organizations existing on the effective
21 date of this amendatory Act of the 96th General Assembly must
22 be amended as soon as possible to require the
23 university-related organization's consent to an audit by the
24 Auditor General as a condition of the University's continued

 

 

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1 affiliation with the university-related organization.
 
2     Section 15. The Chicago State University Law is amended by
3 adding Section 5-140 as follows:
 
4     (110 ILCS 660/5-140 new)
5     Sec. 5-140. University-related organization; audit.
6     (a) In this Section, "university-related organization"
7 means a foundation, athletic association, alumni association,
8 or corporate outgrowth.
9     (b) The Board shall not participate in the creation of any
10 university-related organization, unless there is a written
11 contract between the Board and the university-related
12 organization setting forth the terms and conditions of the
13 agreement. The contract must require the university-related
14 organization to consent to enter into a written agreement with
15 the Auditor General providing for an audit of the
16 university-related organization at least once every 2 years by
17 the Auditor General. Any contracts between the Board and
18 university-related organizations existing on the effective
19 date of this amendatory Act of the 96th General Assembly must
20 be amended as soon as possible to require the
21 university-related organization's consent to an audit by the
22 Auditor General as a condition of the University's continued
23 affiliation with the university-related organization.
 

 

 

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1     Section 20. The Eastern Illinois University Law is amended
2 by adding Section 10-140 as follows:
 
3     (110 ILCS 665/10-140 new)
4     Sec. 10-140. University-related organization; audit.
5     (a) In this Section, "university-related organization"
6 means a foundation, athletic association, alumni association,
7 or corporate outgrowth.
8     (b) The Board shall not participate in the creation of any
9 university-related organization, unless there is a written
10 contract between the Board and the university-related
11 organization setting forth the terms and conditions of the
12 agreement. The contract must require the university-related
13 organization to consent to enter into a written agreement with
14 the Auditor General providing for an audit of the
15 university-related organization at least once every 2 years by
16 the Auditor General. Any contracts between the Board and
17 university-related organizations existing on the effective
18 date of this amendatory Act of the 96th General Assembly must
19 be amended as soon as possible to require the
20 university-related organization's consent to an audit by the
21 Auditor General as a condition of the University's continued
22 affiliation with the university-related organization.
 
23     Section 25. The Governors State University Law is amended
24 by adding Section 15-140 as follows:
 

 

 

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1     (110 ILCS 670/15-140 new)
2     Sec. 15-140. University-related organization; audit.
3     (a) In this Section, "university-related organization"
4 means a foundation, athletic association, alumni association,
5 or corporate outgrowth.
6     (b) The Board shall not participate in the creation of any
7 university-related organization, unless there is a written
8 contract between the Board and the university-related
9 organization setting forth the terms and conditions of the
10 agreement. The contract must require the university-related
11 organization to consent to enter into a written agreement with
12 the Auditor General providing for an audit of the
13 university-related organization at least once every 2 years by
14 the Auditor General. Any contracts between the Board and
15 university-related organizations existing on the effective
16 date of this amendatory Act of the 96th General Assembly must
17 be amended as soon as possible to require the
18 university-related organization's consent to an audit by the
19 Auditor General as a condition of the University's continued
20 affiliation with the university-related organization.
 
21     Section 30. The Illinois State University Law is amended by
22 adding Section 20-145 as follows:
 
23     (110 ILCS 675/20-145 new)

 

 

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1     Sec. 20-145. University-related organization; audit.
2     (a) In this Section, "university-related organization"
3 means a foundation, athletic association, alumni association,
4 or corporate outgrowth.
5     (b) The Board shall not participate in the creation of any
6 university-related organization, unless there is a written
7 contract between the Board and the university-related
8 organization setting forth the terms and conditions of the
9 agreement. The contract must require the university-related
10 organization to consent to enter into a written agreement with
11 the Auditor General providing for an audit of the
12 university-related organization at least once every 2 years by
13 the Auditor General. Any contracts between the Board and
14 university-related organizations existing on the effective
15 date of this amendatory Act of the 96th General Assembly must
16 be amended as soon as possible to require the
17 university-related organization's consent to an audit by the
18 Auditor General as a condition of the University's continued
19 affiliation with the university-related organization.
 
20     Section 35. The Northeastern Illinois University Law is
21 amended by adding Section 25-140 as follows:
 
22     (110 ILCS 680/25-140 new)
23     Sec. 25-140. University-related organization; audit.
24     (a) In this Section, "university-related organization"

 

 

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1 means a foundation, athletic association, alumni association,
2 or corporate outgrowth.
3     (b) The Board shall not participate in the creation of any
4 university-related organization, unless there is a written
5 contract between the Board and the university-related
6 organization setting forth the terms and conditions of the
7 agreement. The contract must require the university-related
8 organization to consent to enter into a written agreement with
9 the Auditor General providing for an audit of the
10 university-related organization at least once every 2 years by
11 the Auditor General. Any contracts between the Board and
12 university-related organizations existing on the effective
13 date of this amendatory Act of the 96th General Assembly must
14 be amended as soon as possible to require the
15 university-related organization's consent to an audit by the
16 Auditor General as a condition of the University's continued
17 affiliation with the university-related organization.
 
18     Section 40. The Northern Illinois University Law is amended
19 by adding Section 30-150 as follows:
 
20     (110 ILCS 685/30-150 new)
21     Sec. 30-150. University-related organization; audit.
22     (a) In this Section, "university-related organization"
23 means a foundation, athletic association, alumni association,
24 or corporate outgrowth.

 

 

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1     (b) The Board shall not participate in the creation of any
2 university-related organization, unless there is a written
3 contract between the Board and the university-related
4 organization setting forth the terms and conditions of the
5 agreement. The contract must require the university-related
6 organization to consent to enter into a written agreement with
7 the Auditor General providing for an audit of the
8 university-related organization at least once every 2 years by
9 the Auditor General. Any contracts between the Board and
10 university-related organizations existing on the effective
11 date of this amendatory Act of the 96th General Assembly must
12 be amended as soon as possible to require the
13 university-related organization's consent to an audit by the
14 Auditor General as a condition of the University's continued
15 affiliation with the university-related organization.
 
16     Section 45. The Western Illinois University Law is amended
17 by adding Section 35-145 as follows:
 
18     (110 ILCS 690/35-145 new)
19     Sec. 35-145. University-related organization; audit.
20     (a) In this Section, "university-related organization"
21 means a foundation, athletic association, alumni association,
22 or corporate outgrowth.
23     (b) The Board shall not participate in the creation of any
24 university-related organization, unless there is a written

 

 

HB4566 - 9 - LRB096 12956 NHT 26965 b

1 contract between the Board and the university-related
2 organization setting forth the terms and conditions of the
3 agreement. The contract must require the university-related
4 organization to consent to enter into a written agreement with
5 the Auditor General providing for an audit of the
6 university-related organization at least once every 2 years by
7 the Auditor General. Any contracts between the Board and
8 university-related organizations existing on the effective
9 date of this amendatory Act of the 96th General Assembly must
10 be amended as soon as possible to require the
11 university-related organization's consent to an audit by the
12 Auditor General as a condition of the University's continued
13 affiliation with the university-related organization.