97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB0622

 

Introduced 01/31/11, by Rep. Michael J. Madigan

 

SYNOPSIS AS INTRODUCED:
 
110 ILCS 690/35-45

    Amends the Western Illinois University Law. Makes technical changes in a Section concerning the powers and duties of the Board of Trustees.


LRB097 03450 NHT 43487 b

 

 

A BILL FOR

 

HB0622LRB097 03450 NHT 43487 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 Western Illinois University Law is amended
5by changing Section 35-45 as follows:
 
6    (110 ILCS 690/35-45)
7    Sec. 35-45. Powers and duties. The The Board also shall
8have power and it shall be its duty:
9    (1) To make rules, regulations and bylaws, not inconsistent
10with law, for the government and management of Western Illinois
11University and its branches;
12    (2) To employ, and, for good cause, to remove a President
13of Western Illinois University, and all necessary deans,
14professors, associate professors, assistant professors,
15instructors, other educational and administrative assistants,
16and all other necessary employees, and to prescribe their
17duties and contract with them upon matters relating to tenure,
18salaries and retirement benefits in accordance with the State
19Universities Civil Service Act. Whenever the Board establishes
20a search committee to fill the position of President of Western
21Illinois University, there shall be minority representation,
22including women, on that search committee. The Board shall,
23upon the written request of an employee of Western Illinois

 

 

HB0622- 2 -LRB097 03450 NHT 43487 b

1University, withhold from the compensation of that employee any
2dues, payments or contributions payable by such employee to any
3labor organization as defined in the Illinois Educational Labor
4Relations Act. Under such arrangement, an amount shall be
5withheld from each regular payroll period which is equal to the
6pro rata share of the annual dues plus any payments or
7contributions, and the Board shall transmit such withholdings
8to the specified labor organization within 10 working days from
9the time of the withholding;
10    (3) To prescribe the courses of study to be followed, and
11textbooks and apparatus to be used at Western Illinois
12University;
13    (4) To issue upon the recommendation of the faculty,
14diplomas to such persons as have satisfactorily completed the
15required studies of Western Illinois University, and confer
16such professional and literary degrees as are usually conferred
17by other institutions of like character for similar or
18equivalent courses of study, or such as the Board may deem
19appropriate;
20    (5) To examine into the conditions, management, and
21administration of Western Illinois University, to provide the
22requisite buildings, apparatus, equipment and auxiliary
23enterprises, and to fix and collect matriculation fees; tuition
24fees; fees for student activities; fees for student facilities
25such as student union buildings or field houses or stadia or
26other recreational facilities; student welfare fees;

 

 

HB0622- 3 -LRB097 03450 NHT 43487 b

1laboratory fees; and similar fees for supplies and materials.
2The expense of the building, improving, repairing and supplying
3fuel and furniture and the necessary appliances and apparatus
4for conducting Western Illinois University, the reimbursed
5expenses of members of the Board, and the salaries or
6compensation of the President, assistants, agents and other
7employees of Western Illinois University, shall be a charge
8upon the State Treasury. All other expenses shall be chargeable
9against students, and the Board shall regulate the charges
10accordingly;
11    (6) To succeed to and to administer all trusts, trust
12property, and gifts now or hereafter belonging or pertaining to
13Western Illinois University;
14    (7) To accept endowments of professorships or departments
15in Western Illinois University from any person who may proffer
16them and, at regular meetings, to prescribe rules and
17regulations in relation to endowments and declare on what
18general principles they may be accepted;
19    (8) To enter into contracts with the Federal government for
20providing courses of instruction and other services at Western
21Illinois University for persons serving in or with the military
22or naval forces of the United States, and to provide such
23courses of instruction and other services;
24    (9) To contract with respect to the Cooperative Computer
25Center to obtain services related to electronic data
26processing;

 

 

HB0622- 4 -LRB097 03450 NHT 43487 b

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

 

 

HB0622- 5 -LRB097 03450 NHT 43487 b

1be authorized by Western Illinois University;
2    (12) The Board may, directly or in cooperation with other
3institutions of higher education, acquire by purchase or lease
4or otherwise, and construct, enlarge, improve, equip,
5complete, operate, control and manage research and high
6technology parks, together with the necessary lands,
7buildings, facilities, equipment, and personal property
8therefor, to encourage and facilitate (i) the location and
9development of business and industry in the State of Illinois,
10and (ii) the increased application and development of
11technology, and (iii) the improvement and development of the
12State's economy. The Board may lease to nonprofit corporations
13all or any part of the land, buildings, facilities, equipment
14or other property included in a research and high technology
15park upon such terms and conditions as the Board may deem
16advisable and enter into any contract or agreement with such
17nonprofit corporations as may be necessary or suitable for the
18construction, financing, operation and maintenance and
19management of any such park; and may lease to any person, firm,
20partnership or corporation, either public or private, any part
21or all of the land, building, facilities, equipment or other
22property of such park for such purposes and upon such rentals,
23terms and conditions as the Board may deem advisable; and may
24finance all or part of the cost of any such park, including the
25purchase, lease, construction, reconstruction, improvement,
26remodeling, addition to, and extension and maintenance of all

 

 

HB0622- 6 -LRB097 03450 NHT 43487 b

1or part of such high technology park, and all equipment and
2furnishings, by legislative appropriations, government grants,
3contracts, private gifts, loans, receipts from the operation of
4such high technology park, rentals and similar receipts; and
5may make its other facilities and services available to tenants
6or other occupants of any such park at rates which are
7reasonable and appropriate;
8    (13) To borrow money, as necessary, from time to time in
9anticipation of receiving tuition, payments from the State of
10Illinois, or other revenues or receipts of the University, also
11known as anticipated moneys. The borrowing limit shall be
12capped at 100% of the total amount of payroll and other expense
13vouchers submitted and payable to the University for fiscal
14year 2010 expenses, but unpaid by at the State Comptroller's
15office. Prior to borrowing any funds, the University shall
16request from the Comptroller's office a verification of the
17borrowing limit and shall include the estimated date on which
18such borrowing shall occur. The borrowing limit cap shall be
19verified by the State Comptroller's office not prior to 45 days
20before any estimated date for executing any promissory note or
21line of credit established under this item (13). The principal
22amount borrowed under a promissory note or line of credit shall
23not exceed 75% of the borrowing limit. Within 15 days after
24borrowing funds under any promissory note or line of credit
25established under this item (13), the University shall submit
26to the Governor's Office of Management and Budget, the Speaker

 

 

HB0622- 7 -LRB097 03450 NHT 43487 b

1of the House of Representatives, the Minority Leader of the
2House of Representatives, the President of the Senate, and the
3Minority Leader of the Senate, an Emergency Short Term Cash
4Management Plan. The Emergency Short Term Cash Management Plan
5shall outline the amount borrowed, the terms for repayment, the
6amount of outstanding State vouchers as verified by the State
7Comptroller's office, and the University's plan for
8expenditure of any borrowed funds, including, but not limited
9to, a detailed plan to meet payroll obligations to include
10collective bargaining employees, civil service employees, and
11academic, research, and health care personnel. The
12establishment of any promissory note or line of credit
13established under this item (13) must be finalized within 90
14days after the effective date of this amendatory Act of the
1596th General Assembly. The borrowed moneys shall be applied to
16the purposes of paying salaries and other expenses lawfully
17authorized in the University's State appropriation and unpaid
18by the State Comptroller. Any line of credit established under
19this item (13) shall be paid in full one year after creation or
20within 10 days after the date the University receives
21reimbursement from the State for all submitted fiscal year 2010
22vouchers, whichever is earlier. Any promissory note
23established under this item (13) shall be repaid within one
24year after issuance of the note. The Chairman, Comptroller, or
25Treasurer of the Board shall execute a promissory note or
26similar debt instrument to evidence the indebtedness incurred

 

 

HB0622- 8 -LRB097 03450 NHT 43487 b

1by the borrowing. In connection with a borrowing, the Board may
2establish a line of credit with a financial institution,
3investment bank, or broker/dealer. The obligation to make the
4payments due under any promissory note or line of credit
5established under this item (13) shall be a lawful obligation
6of the University payable from the anticipated moneys. Any
7borrowing under this item (13) shall not constitute a debt,
8legal or moral, of the State and shall not be enforceable
9against the State. The promissory note or line of credit shall
10be authorized by a resolution passed by the Board and shall be
11valid whether or not a budgeted item with respect to that
12resolution is included in any annual or supplemental budget
13adopted by the Board. The resolution shall set forth facts
14demonstrating the need for the borrowing, state an amount that
15the amount to be borrowed will not exceed, and establish a
16maximum interest rate limit not to exceed the maximum rate
17authorized by the Bond Authorization Act or 9%, whichever is
18less. The resolution may direct the Comptroller or Treasurer of
19the Board to make arrangements to set apart and hold the
20portion of the anticipated moneys, as received, that shall be
21used to repay the borrowing, subject to any prior pledges or
22restrictions with respect to the anticipated moneys. The
23resolution may also authorize the Treasurer of the Board to
24make partial repayments of the borrowing as the anticipated
25moneys become available and may contain any other terms,
26restrictions, or limitations not inconsistent with the powers

 

 

HB0622- 9 -LRB097 03450 NHT 43487 b

1of the Board.
2    For the purposes of this item (13), "financial institution"
3means any bank subject to the Illinois Banking Act, any savings
4and loan association subject to the Illinois Savings and Loan
5Act of 1985, and any federally chartered commercial bank or
6savings and loan association or government-sponsored
7enterprise organized and operated in this State pursuant to the
8laws of the United States.
9(Source: P.A. 96-909, eff. 6-8-10; revised 6-15-10.)