Illinois General Assembly

Previous General Assemblies

Full Text of SB0642  96th General Assembly


Sen. William R. Haine

Filed: 1/13/2010





09600SB0642sam001 LRB096 06697 MJR 32507 a


2     AMENDMENT NO. ______. Amend Senate Bill 642 by replacing
3 everything after the enacting clause with the following:
4     "Section 5. The Southern Illinois University Management
5 Act is amended by changing Section 8 as follows:
6     (110 ILCS 520/8)  (from Ch. 144, par. 658)
7     Sec. 8. Powers and Duties of the Board. The Board shall
8 have power and it shall be its duty:
9         1. To make rules, regulations and by-laws, not
10     inconsistent with law, for the government and management of
11     Southern Illinois University and its branches;
12         2. To employ, and, for good cause, to remove a
13     president of Southern Illinois University, and all
14     necessary deans, professors, associate professors,
15     assistant professors, instructors, and other educational
16     and administrative assistants, and all other necessary



09600SB0642sam001 - 2 - LRB096 06697 MJR 32507 a

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



09600SB0642sam001 - 3 - LRB096 06697 MJR 32507 a

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



09600SB0642sam001 - 4 - LRB096 06697 MJR 32507 a

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



09600SB0642sam001 - 5 - LRB096 06697 MJR 32507 a

1     Southern Illinois University.
2         10.5. To conduct health care programs in furtherance of
3     its teaching, research, and public service functions,
4     which shall include without limitation patient and
5     ancillary facilities, institutes, clinics, or offices
6     owned, leased, or purchased through an equity interest by
7     the Board or its appointed designee to carry out such
8     activities in the course of or in support of the Board's
9     academic, clinical, and public service responsibilities.
10         11. To administer a plan or plans established by the
11     clinical faculty of the School of Medicine for the billing,
12     collection and disbursement of charges for services
13     performed in the course of or in support of the faculty's
14     academic responsibilities, provided that such plan has
15     been first approved by Board action. All such collections
16     shall be deposited into a special fund or funds
17     administered by the Board from which disbursements may be
18     made according to the provisions of said plan. The
19     reasonable costs incurred, by the University,
20     administering the billing, collection and disbursement
21     provisions of a plan shall have first priority for payment
22     before distribution or disbursement for any other purpose.
23     Audited financial statements of the plan or plans must be
24     provided to the Legislative Audit Commission annually.
25         The Board of Trustees may own, operate, or govern, by
26     or through the School of Medicine, a managed care community



09600SB0642sam001 - 6 - LRB096 06697 MJR 32507 a

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



09600SB0642sam001 - 7 - LRB096 06697 MJR 32507 a

1     deem advisable; and may finance all or part of the cost of
2     any such park, including the purchase, lease,
3     construction, reconstruction, improvement, remodeling,
4     addition to, and extension and maintenance of all or part
5     of such high technology park, and all equipment and
6     furnishings, by legislative appropriations, government
7     grants, contracts, private gifts, loans, receipts from the
8     operation of such high technology park, rentals and similar
9     receipts; and may make its other facilities and services
10     available to tenants or other occupants of any such park at
11     rates which are reasonable and appropriate.
12         13. To borrow money from time to time in anticipation
13     of receiving tuition, payments from the State of Illinois,
14     or other revenues or receipts of the University, also known
15     as anticipated moneys; provided that the money shall be
16     repaid within 18 months after the time the money is
17     borrowed and the amount borrowed shall not exceed an amount
18     outstanding at any one time in excess of 50% of the amount
19     of the annual operating budget of the University last
20     approved prior to the date of the initial borrowing. The
21     borrowed moneys shall be applied to the purposes for which
22     the anticipated moneys are lawfully available. The
23     Chairman or Treasurer of the Board shall execute a
24     promissory note or similar debt instrument to evidence the
25     indebtedness incurred by the borrowing. In connection with
26     a borrowing, the Board may establish a line of credit with



09600SB0642sam001 - 8 - LRB096 06697 MJR 32507 a

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



09600SB0642sam001 - 9 - LRB096 06697 MJR 32507 a

1     restrictions, or limitations not inconsistent with the
2     powers of the Board.
3         For the purposes of this item 13, "financial
4     institution" means any bank subject to the Illinois Banking
5     Act, any savings and loan association subject to the
6     Illinois Savings and Loan Act of 1985, and any federally
7     chartered commercial bank or savings and loan association
8     organized and operated in this State pursuant to the laws
9     of the United States.
10     The powers of the Board as herein designated are subject to
11 the Board of Higher Education Act.
12 (Source: P.A. 95-158, eff. 8-14-07; 95-876, eff. 8-21-08.)
13     Section 99. Effective date. This Act takes effect upon
14 becoming law.".