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Full Text of SB0448  100th General Assembly

SB0448sam001 100TH GENERAL ASSEMBLY

Sen. James F. Clayborne, Jr.

Filed: 4/5/2017

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 448

2    AMENDMENT NO. ______. Amend Senate Bill 448 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Southern Illinois University Management
5Act 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
8have 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

 

 

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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 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

 

 

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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

 

 

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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

 

 

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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 or the School of
12    Dental Medicine for the billing, collection and
13    disbursement of charges for services performed in the
14    course of or in support of the faculty's academic
15    responsibilities, provided that such plan has been first
16    approved by Board action. All such collections shall be
17    deposited into a special fund or funds administered by the
18    Board from which disbursements may be made according to the
19    provisions of said plan. The reasonable costs incurred, by
20    the University, administering the billing, collection and
21    disbursement provisions of a plan shall have first priority
22    for payment before distribution or disbursement for any
23    other purpose. Audited financial statements of the plan or
24    plans must be provided to the Legislative Audit Commission
25    annually.
26        The Board of Trustees may own, operate, or govern, by

 

 

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

 

 

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1    rentals, terms and conditions as the Board of Trustees may
2    deem advisable; and may finance all or part of the cost of
3    any such park, including the purchase, lease,
4    construction, reconstruction, improvement, remodeling,
5    addition to, and extension and maintenance of all or part
6    of such high technology park, and all equipment and
7    furnishings, by legislative appropriations, government
8    grants, contracts, private gifts, loans, receipts from the
9    operation of such high technology park, rentals and similar
10    receipts; and may make its other facilities and services
11    available to tenants or other occupants of any such park at
12    rates which are reasonable and appropriate.
13        13. To borrow money, as necessary, from time to time in
14    anticipation of receiving tuition, payments from the State
15    of Illinois, or other revenues or receipts of the
16    University, also known as anticipated moneys. The
17    borrowing limit shall be capped at 100% of the total amount
18    of payroll and other expense vouchers submitted and payable
19    to the University for fiscal year 2010 expenses, but unpaid
20    by the State Comptroller's office. Prior to borrowing any
21    funds, the University shall request from the Comptroller's
22    office a verification of the borrowing limit and shall
23    include the estimated date on which such borrowing shall
24    occur. The borrowing limit cap shall be verified by the
25    State Comptroller's office not prior to 45 days before any
26    estimated date for executing any promissory note or line of

 

 

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1    credit established under this item 13. The principal amount
2    borrowed under a promissory note or line of credit shall
3    not exceed 75% of the borrowing limit. Within 15 days after
4    borrowing funds under any promissory note or line of credit
5    established under this item 13, the University shall submit
6    to the Governor's Office of Management and Budget, the
7    Speaker of the House of Representatives, the Minority
8    Leader of the House of Representatives, the President of
9    the Senate, and the Minority Leader of the Senate an
10    Emergency Short Term Cash Management Plan. The Emergency
11    Short Term Cash Management Plan shall outline the amount
12    borrowed, the terms for repayment, the amount of
13    outstanding State vouchers as verified by the State
14    Comptroller's office, and the University's plan for
15    expenditure of any borrowed funds, including, but not
16    limited to, a detailed plan to meet payroll obligations to
17    include collective bargaining employees, civil service
18    employees, and academic, research, and health care
19    personnel. The establishment of any promissory note or line
20    of credit established under this item 13 must be finalized
21    within 90 days after the effective date of this amendatory
22    Act of the 96th General Assembly. The borrowed moneys shall
23    be applied to the purposes of paying salaries and other
24    expenses lawfully authorized in the University's State
25    appropriation and unpaid by the State Comptroller. Any line
26    of credit established under this item 13 shall be paid in

 

 

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1    full one year after creation or within 10 days after the
2    date the University receives reimbursement from the State
3    for all submitted fiscal year 2010 vouchers, whichever is
4    earlier. Any promissory note established under this item 13
5    shall be repaid within one year after issuance of the note.
6    The Chairman, Comptroller, or Treasurer of the Board shall
7    execute a promissory note or similar debt instrument to
8    evidence the indebtedness incurred by the borrowing. In
9    connection with a borrowing, the Board may establish a line
10    of credit with a financial institution, investment bank, or
11    broker/dealer. The obligation to make the payments due
12    under any promissory note or line of credit established
13    under this item 13 shall be a lawful obligation of the
14    University payable from the anticipated moneys. Any
15    borrowing under this item 13 shall not constitute a debt,
16    legal or moral, of the State and shall not be enforceable
17    against the State. The promissory note or line of credit
18    shall be authorized by a resolution passed by the Board and
19    shall be valid whether or not a budgeted item with respect
20    to that resolution is included in any annual or
21    supplemental budget adopted by the Board. The resolution
22    shall set forth facts demonstrating the need for the
23    borrowing, state an amount that the amount to be borrowed
24    will not exceed, and establish a maximum interest rate
25    limit not to exceed the maximum rate authorized by the Bond
26    Authorization Act or 9%, whichever is less. The resolution

 

 

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1    may direct the Comptroller or Treasurer of the Board to
2    make arrangements to set apart and hold the portion of the
3    anticipated moneys, as received, that shall be used to
4    repay the borrowing, subject to any prior pledges or
5    restrictions with respect to the anticipated moneys. The
6    resolution may also authorize the Treasurer of the Board to
7    make partial repayments of the borrowing as the anticipated
8    moneys become available and may contain any other terms,
9    restrictions, or limitations not inconsistent with the
10    powers of the Board.
11        For the purposes of this item 13, "financial
12    institution" means any bank subject to the Illinois Banking
13    Act, any savings and loan association subject to the
14    Illinois Savings and Loan Act of 1985, and any federally
15    chartered commercial bank or savings and loan association
16    or government-sponsored enterprise organized and operated
17    in this State pursuant to the laws of the United States.
18    The powers of the Board as herein designated are subject to
19the Board of Higher Education Act.
20(Source: P.A. 96-909, eff. 6-8-10; 97-333, eff. 8-12-11.)
 
21    Section 99. Effective date. This Act takes effect upon
22becoming law.".