Illinois Compiled Statutes
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HIGHER EDUCATION110 ILCS 690/Art. 35
(110 ILCS 690/) Western Illinois University Law.
(110 ILCS 690/Art. 35 heading)
110 ILCS 690/35-1
(110 ILCS 690/35-1)
This Article may be cited as the
Western Illinois University Law.
(Source: P.A. 89-4, eff. 1-1-96.)
110 ILCS 690/35-5
(110 ILCS 690/35-5)
The object of Western Illinois
University is to offer such
courses of instruction, conduct such research and offer such public
services as are prescribed by the Board of Trustees of Western Illinois
University or its successor, subject to the provisions of Section 7 of
the Board of Higher Education Act.
(Source: P.A. 89-4, eff. 1-1-96.)
110 ILCS 690/35-10
(110 ILCS 690/35-10)
There is hereby created a body politic and
corporate which shall be styled the Board of Trustees of Western Illinois
University (hereinafter called the Board), and which
manage, control, and maintain Western Illinois University in accordance
with the rights, powers and duties now or hereafter vested by law in that
(Source: P.A. 89-4, eff. 1-1-96.)
110 ILCS 690/35-15
(110 ILCS 690/35-15)
Membership; terms; vacancies.
The Board shall consist of 7
voting members appointed by the Governor, by and with the advice and consent
of the Senate, and one voting member who is a student at Western Illinois
University. The student member shall be chosen by a campus-wide student
election. The student member shall serve a term of one year beginning on July
1 of each year, except that the student member initially selected shall serve
a term beginning on the date of his or her selection and expiring on the next
succeeding June 30. To be eligible to remain as a student member of the Board,
the student member must be a resident of this State, must have and maintain a
grade point average that is equivalent to at least 2.5 on a 4.0 scale, and must
be a full time student enrolled at all times during his or her term of office
except for that part of the term which follows the completion of the last full
regular semester of an academic year and precedes the first full regular
semester of the succeeding academic year at the university (sometimes commonly
referred to as the summer session or summer school). If a student member
serving on the Board fails to continue to meet or maintain the residency,
minimum grade point average, or enrollment requirement established by this
Section, his or her membership on the Board shall be deemed to have terminated
by operation of law. Of the members first appointed by the Governor, 4 shall
be appointed for terms to expire on the third Monday in January, 1999, and 3
shall be appointed for terms to expire on the third Monday in January, 2001.
If the Senate is not in session on the effective date of this Article, or if a
vacancy in an appointive membership occurs at a time when the Senate is not in
session, the Governor shall make temporary appointments until the next meeting
of the Senate when he shall nominate persons to fill such memberships for the
remainder of their respective terms. No more than 4 of the members appointed
by the Governor shall be affiliated with the same political party. Each member
appointed by the Governor must be a resident of this State. A failure to meet
or maintain this residency requirement constitutes a resignation from and
creates a vacancy in the Board. Upon the expiration of the terms of members
appointed by the Governor, their respective successors shall be appointed for
terms of 6 years from the third Monday in January of each odd-numbered year.
Any members appointed to the Board shall continue to serve in such capacity
until their successors are appointed and qualified.
(Source: P.A. 91-778, eff. 1-1-01;
91-798, eff. 7-9-00; 92-16, eff. 6-28-01.)
110 ILCS 690/35-20
(110 ILCS 690/35-20)
Reimbursement; employment limitations.
Members of the Board
shall serve without compensation but
shall be entitled to reasonable amounts for expenses necessarily incurred
in the performance of their duties. Such expenses incurred by the
student member may, at the discretion of the Chairman of the Board, be provided
for by advance payment to the student member, who shall account therefor to the
Board immediately after each meeting.
No member of the Board shall hold or be employed in or appointed
to any office or place under the authority of the Board, nor shall
any member of the Board be directly or indirectly
interested in any contract made by the Board, nor shall
he be an employee of the State Government; provided that nothing in
this Section shall be deemed to
prohibit the student member of the Board from maintaining
normal and official status as an enrolled student or normal student
employment at Western Illinois University.
(Source: P.A. 93-1096, eff. 1-1-06
110 ILCS 690/35-25
(110 ILCS 690/35-25)
Members of the Board shall elect annually
by secret ballot from their own number a chairman who shall preside over
meetings of the Board and a secretary.
Meetings of the Board shall be held at least once each quarter. One of these meetings must be held on the Quad Cities campus of Western Illinois University and all other meetings must be held on the campus
of Western Illinois University at Macomb, Illinois. At all regular meetings of
the Board, a majority of its members shall constitute a quorum. The student
member shall have all of the privileges of membership, including the right to
make and second motions, to attend executive sessions, and to vote on all Board
matters except those involving faculty tenure, faculty promotion or any issue
on which the student member has a direct conflict of interest. For the purposes of this Section, a student member shall not be deemed to have a direct conflict of interest in and may vote on any item involving the employment or compensation of the President of the University or the election of officers. Unless the
student member is entitled to vote on a measure at a meeting of the Board or
any of its committees, he or she shall not be considered a member for the
purpose of determining whether a quorum is present at the time that measure is
voted upon. No action of the Board shall be invalidated by reason of any
vacancies on the Board or by reason of any failure to select a student member.
Special meetings of the Board may be called by the chairman of the Board
or by any 3 members of the Board.
At each regular and special meeting that is open to the public, members of
the public and employees of the University shall be afforded time, subject to
reasonable constraints, to make comments to or ask questions of the Board.
(Source: P.A. 98-999, eff. 8-18-14; 99-734, eff. 8-5-16.)
110 ILCS 690/35-30
(110 ILCS 690/35-30)
The Board shall designate a member of
the staff of Western Illinois University as treasurer
to serve the Board, but not as a member, and shall furnish a bond in such
amount and with such security as is satisfactory to the Board.
(Source: P.A. 89-4, eff. 1-1-96.)
110 ILCS 690/35-35
(110 ILCS 690/35-35)
Transfer of powers, duties, assets; outstanding contracts,
agreements and bonds. All the rights, powers and duties vested by law in the
Board of Governors of State Colleges and Universities and relating to the
operation, management, control and
maintenance of Western Illinois University are hereby transferred to and
vested in the Board of Trustees of Western Illinois University.
All books, records,
papers, documents and pending business in any way pertaining to Western
Illinois University and held by the Board of Governors of State Colleges and
Universities are hereby transferred from the Board of Governors of State
Colleges and Universities to the Board of
Trustees of Western Illinois University.
The employment of the president and all other academic and nonacademic
personnel of Western Illinois University is hereby transferred from the
Board of Governors of State Colleges and Universities to the Board of Trustees
of Western Illinois University,
but the status and rights of all personnel whose employment is so
transferred under the State Universities Civil Service System, under the
State Universities Retirement System and under any other contract or
benefit plan shall be unaffected thereby.
No rule or regulation promulgated by the Board of Governors of State Colleges
and Universities prior to the effective date of this Article
pursuant to an exercise of any right, power, duty, responsibility or matter
of pending business transferred from the Board of Governors of State Colleges
and Universities to the Board of
Trustees of Western Illinois University under the provisions of this
Article shall be affected thereby, and all such rules and
regulations shall become the rules and regulations of the Board of Trustees
of Western Illinois University.
All items of income heretofore received by Western Illinois University
and paid into the State Treasury and covered into the Board of Governors of
State Colleges and Universities
Income Fund and not heretofore appropriated by the General Assembly for the
support and improvement of Western Illinois University under the
provisions of paragraph (1) of Section 6a of the State Finance Act
shall be transferred by the
State Treasurer and covered into the Western Illinois University Income
Fund for appropriations from time to time to be made by the General
Assembly payable from such fund for the support and improvement of Western
Illinois University as provided in paragraph (1) of Section 6a-1g of that
Act; provided that within 10 days after the effective date of this amendatory
Act of 1996, all moneys then remaining in the Western Illinois University
heretofore established as a special fund in the State Treasury shall be repaid
to the University to be deposited and credited to the University Income Fund
established by Western Illinois University in its own treasury as provided
in paragraph (1) of Section 6a-1g of the State Finance Act.
The right of custody, possession and control over all items of income, funds
or deposits in any
way pertaining to Western Illinois University, which on the effective date
of this Article are held or retained by, or under the
jurisdiction of the Board of Governors of State Colleges and Universities under
the authority of paragraph (2)
of Section 6a of the State Finance Act,
is hereby transferred to and vested in the Board of
Trustees of Western Illinois University to be retained by the University
in its own treasury, or deposited with a bank or savings and loan
association, all in accordance with the provisions of paragraphs (2) and
(6) of Section 6a-1g of that Act.
There is hereby transferred from the Board of Governors of State Colleges and
Universities to the Board of
Trustees of Western Illinois University the power of order and direction
over the disbursement of those funds which immediately prior to the
effective date of this Article were retained by Western Illinois University in
its own treasury under the authority of Section 6a-2 of the State Finance Act;
provided that such funds shall be disbursed from time to time
pursuant to the order and direction of the Board of Trustees in accordance
with any contracts, pledges, trusts or agreements heretofore made with
respect to the use or application of such funds by the
Teachers College Board or the Board of Governors of State Colleges and
Western Illinois University shall succeed to, assume and exercise all rights,
powers, duties and responsibilities formerly exercised by the Board of
Governors of State Colleges and Universities on behalf of Western Illinois
University prior to the effective date of this Article. All contracts and
agreements entered into by the Board of Governors of State Colleges and
Universities on behalf of Western Illinois University prior to the effective
of this Article shall be valid and shall subsist notwithstanding the abolition
of the Board of Governors of State Colleges and Universities and the repeal of
the Board of Governors Act and notwithstanding the transfer or the functions of
the Board of Governors of State Colleges and Universities with respect to
Western Illinois University to the Board of Trustees of Western Illinois
All bonds, notes, and other evidences of indebtedness outstanding on the
effective date of this Article issued by the Teachers College Board or the
Board of Governors of State Colleges and Universities on behalf of Western
Illinois University shall become the bonds, notes or other evidences of
indebtedness of Western Illinois University and shall be otherwise unaffected
by the transfer of functions to Western Illinois University. Any action,
without limitation, approvals of applications for bonds and resolutions
constituting official action under the Internal Revenue Code by the Teachers
College Board or Board of Governors of State Colleges and Universities prior to
the effective date of this Article shall remain effective to the same extent as
if that action had been taken by Western Illinois University and shall be
deemed to be action taken by Western Illinois University.
The title to all other property, whether real, personal or mixed,
belonging to or under the jurisdiction of the Board of Governors of State
Colleges and Universities for Western Illinois University is hereby transferred
to and vested in the Board of
Trustees of Western Illinois University to be held for the People of the
State of Illinois for such University.
(Source: P.A. 89-4, eff. 1-1-96; 89-602, eff. 8-2-96.)
110 ILCS 690/35-40
(110 ILCS 690/35-40)
Contracts, conveyances, expenditures.
The Board shall have
power to enter into contracts and to sue and be
sued, provided that any suit against the Board based upon a claim sounding
in tort must be filed in the Court of Claims; to acquire by purchase,
eminent domain or otherwise, and to hold and convey title to
real property as it shall deem appropriate and personal property in
accordance with the State Property Control Act, except as otherwise provided in item (14) of Section 35-45 of this Law; and to expend the funds
appropriated to or lawfully belonging to the Western Illinois University,
provided that the Board in the exercise of
the powers conferred by this Article shall not create any liability or
indebtedness of funds from the State Treasury in excess of the funds
appropriated to Western Illinois University.
All real property acquired by the Board shall be held for the People of
the State of Illinois, for the use of Western Illinois University.
Any lease to the Board of lands, buildings or facilities
which will support scientific research and development in such
areas as high technology, super computing, microelectronics,
biotechnology, robotics, physics and engineering shall be for
a term not to exceed 18 years, and may grant to the Board the option to
purchase the lands, buildings or facilities. The lease shall recite that
it is subject to termination and cancellation in any year for which the
General Assembly fails to make an appropriation to pay the rent payable
under the terms of the lease.
Leases for the purposes described herein exceeding 5 years shall have
the approval of the Illinois Board of Higher Education.
The Board's power to enter into contracts includes but is not limited
to the power to enter into contracts with municipalities within which the
University or any branch thereof is located, in whole or in part, for such
municipality to provide fire protection or other essential municipal
services upon properties leased to for-profit entities the title to which
properties is held by the Board.
The Board shall pay to the municipality concerned such equitable portion of
the cost of providing such fire protection or other essential municipal
service as shall be agreed to by the Board, and as part of the compensation
for such fire protection the Board may provide land and buildings, or
either, for fire stations to be used by the municipality.
(Source: P.A. 98-998, eff. 8-18-14.)
110 ILCS 690/35-42
(110 ILCS 690/35-42)
Notwithstanding any other provision of this Law, any power granted under this Law to acquire property by condemnation or eminent domain is subject to, and shall be exercised in accordance with, the Eminent Domain Act.
(Source: P.A. 94-1055, eff. 1-1-07.)
110 ILCS 690/35-45
(110 ILCS 690/35-45)
Powers and duties.
The Board also shall have power and
it shall be its duty:
(1) To make rules, regulations and bylaws, not inconsistent with
law, for the government and management of Western Illinois University
and its branches;
(2) To employ, and, for good cause, to remove a President of Western
Illinois University, and all necessary deans, professors, associate
professors, assistant professors, instructors, other educational and
administrative assistants, and all other necessary employees, and to prescribe
their duties and contract with them upon matters relating to tenure, salaries
and retirement benefits in accordance with
the State Universities Civil Service Act. Whenever the Board establishes a
search committee to fill the position of President of Western Illinois
University, there shall be minority representation, including women, on that
search committee. The Board shall, upon the written request
of an employee of Western Illinois University, withhold from the compensation
of that employee any dues, payments or contributions payable by such employee
to any labor organization as defined in the Illinois Educational Labor
Act. Under such arrangement, an amount shall be withheld from each regular
payroll period which is equal to the pro rata share of the annual dues plus
any payments or contributions, and the Board shall transmit such withholdings
to the specified labor organization within 10 working days from the time
of the withholding;
(3) To prescribe the courses of study to be followed, and textbooks
and apparatus to be used at Western Illinois University;
(4) To issue upon the recommendation of the faculty, diplomas to such
persons as have satisfactorily completed the required studies of
Western Illinois University, and confer such professional and literary
degrees as are usually conferred by other institutions of like character
for similar or equivalent courses of study, or such as the Board may
(5) To examine into the conditions, management, and administration of
Western Illinois University, to provide the requisite buildings,
apparatus, equipment and auxiliary enterprises, and to fix and collect
matriculation fees; tuition fees; fees for student activities; fees for
student facilities such as student union buildings or field houses or
stadia or other recreational facilities; student welfare fees;
laboratory fees; and similar fees for supplies and materials.
The expense of the building, improving, repairing and supplying fuel and
furniture and the necessary appliances and apparatus for conducting Western
University, the reimbursed expenses of members of the Board, and the
salaries or compensation of the President, assistants, agents and other
employees of Western Illinois University, shall be a charge upon the State
other expenses shall be chargeable against students, and the Board shall
regulate the charges accordingly;
(6) To succeed to and to administer all trusts, trust property, and
gifts now or hereafter belonging or pertaining to Western Illinois
(7) To accept endowments of professorships or departments in Western
Illinois University from any person who may proffer them and, at regular
meetings, to prescribe rules and regulations in relation to endowments
and declare on what general principles they may be accepted;
(8) To enter into contracts with the Federal government for providing
courses of instruction and other services at Western Illinois
University for persons serving in or with the military or naval forces
of the United States, and to provide such courses of instruction and
(9) To contract with respect to the Cooperative Computer Center to obtain
services related to electronic data processing;
(10) To provide for the receipt and expenditures of Federal funds
paid to Western Illinois University by the Federal government for
instruction and other services for persons serving in or with the
military or naval forces of the United States, and to provide for audits
of such funds;
(11) To appoint, subject to the applicable civil service law, persons
to be members of the Western Illinois University Police Department.
Members of the Police Department shall be conservators of the peace and
as such have all powers possessed by policemen in cities, and sheriffs,
including the power to make arrests on view or warrants of violations of
State statutes, University rules and regulations and city or county
ordinances, except that they may exercise such powers only within
counties wherein Western Illinois University and any of its branches or
are located when such is required for the protection of University
properties and interests, and its students and personnel, and otherwise,
within such counties, when requested by appropriate State
or local law enforcement officials. However, such officers shall have no
power to serve and execute civil processes.
The Board must authorize to each member of the Western Illinois University
and to any other employee of Western Illinois University exercising the powers
of a peace officer
a distinct badge
that, on its face, (i) clearly states that the badge is authorized by Western
(ii) contains a unique identifying number.
No other badge shall be authorized by
Western Illinois University;
(12) The Board may, directly or in cooperation with other institutions
of higher education, acquire by purchase or lease or otherwise, and construct,
enlarge, improve, equip, complete, operate, control and manage research
and high technology parks, together with the necessary lands, buildings,
facilities, equipment, and personal property therefor,
to encourage and facilitate (i) the location and development of business
and industry in the State of Illinois, and (ii) the increased application
and development of technology, and (iii) the improvement and development of
the State's economy. The Board may lease to nonprofit corporations
all or any part
of the land, buildings, facilities, equipment or other property included
in a research and high technology park upon such terms and conditions
as the Board may deem advisable and enter into any contract or
agreement with such nonprofit corporations as may be necessary or suitable
for the construction, financing, operation and maintenance and management
of any such park; and may lease to any person, firm, partnership or
either public or private, any part or all of the land, building, facilities,
equipment or other property of such park for such purposes and upon such
rentals, terms and conditions as the Board may deem advisable; and
may finance all or part of the cost of any such park, including the purchase,
lease, construction, reconstruction, improvement, remodeling, addition to,
and extension and maintenance of all or part of such high technology park,
and all equipment and furnishings, by legislative appropriations, government
grants, contracts, private gifts, loans, receipts from the operation of
such high technology park, rentals and similar receipts; and may make its
other facilities and services available to tenants or other occupants of
any such park at rates which are reasonable and appropriate;
(13) To borrow money, as necessary, from time to time in anticipation of receiving tuition, payments from the State of Illinois, or other revenues or receipts of the University, also known as anticipated moneys. The borrowing limit shall be capped at 100% of the total amount of payroll and other expense vouchers submitted and payable to the University for fiscal year 2010 expenses, but unpaid by the State Comptroller's office. Prior to borrowing any funds, the University shall request from the Comptroller's office a verification of the borrowing limit and shall include the estimated date on which such borrowing shall occur. The borrowing limit cap shall be verified by the State Comptroller's office not prior to 45 days before any estimated date for executing any promissory note or line of credit established under this item (13). The principal amount borrowed under a promissory note or line of credit shall not exceed 75% of the borrowing limit. Within 15 days after borrowing funds under any promissory note or line of credit established under this item (13), the University shall submit to the Governor's Office of Management and Budget, the Speaker of the House of Representatives, the Minority Leader of the House of Representatives, the President of the Senate, and the Minority Leader of the Senate an Emergency Short Term Cash Management Plan. The Emergency Short Term Cash Management Plan shall outline the amount borrowed, the terms for repayment, the amount of outstanding State vouchers as verified by the State Comptroller's office, and the University's plan for expenditure of any borrowed funds, including, but not limited to, a detailed plan to meet payroll obligations to include collective bargaining employees, civil service employees, and academic, research, and health care personnel. The establishment of any promissory note or line of credit established under this item (13) must be finalized within 90 days after the effective date of this amendatory Act of the 96th General Assembly. The borrowed moneys shall be applied to the purposes of paying salaries and other expenses lawfully authorized in the University's State appropriation and unpaid by the State Comptroller. Any line of credit established under this item (13) shall be paid in full one year after creation or within 10 days after the date the University receives reimbursement from the State for all submitted fiscal year 2010 vouchers, whichever is earlier. Any promissory note established under this item (13) shall be repaid within one year after issuance of the note. The Chairman, Comptroller, or Treasurer of the Board shall execute a promissory note or similar debt instrument to evidence the indebtedness incurred by the borrowing. In connection with a borrowing, the Board may establish a line of credit with a financial institution, investment bank, or broker/dealer.
The obligation to make the payments due under any promissory note or line of credit established under this item (13) shall be a lawful obligation of the University payable from the anticipated moneys. Any borrowing under this item (13) shall not constitute a debt, legal or moral, of the State and shall not be enforceable against the State. The promissory note or line of credit shall be authorized by a resolution passed by the Board and shall be valid whether or not a budgeted item with respect to that resolution is included in any annual or supplemental budget adopted by the Board. The resolution shall set forth facts demonstrating the need for the borrowing, state an amount that the amount to be borrowed will not exceed, and establish a maximum interest rate limit not to exceed the maximum rate authorized by the Bond Authorization Act or 9%, whichever is less. The resolution may direct the Comptroller or Treasurer of the Board to make arrangements to set apart and hold the portion of the anticipated moneys, as received, that shall be used to repay the borrowing, subject to any prior pledges or restrictions with respect to the anticipated moneys. The resolution may also authorize the Treasurer of the Board to make partial repayments of the borrowing as the anticipated moneys become available and may contain any other terms, restrictions, or limitations not inconsistent with the powers of the Board.
For the purposes of this item (13), "financial institution" means any bank subject to the Illinois Banking Act, any savings and loan association subject to the Illinois Savings and Loan Act of 1985, and any federally chartered commercial bank or savings and loan association or government-sponsored enterprise organized and operated in this State pursuant to the laws of the United States.
(14) To assist in the provision of lands, buildings, and facilities that are supportive of University purposes and suitable and appropriate for the conduct and operation of the University's education programs, the Board may exercise the following powers with regard to that part of the Southeast Quarter of Section 11, Township 17 North, Range 1 West of the 4th
Principal Meridian, the boundary which is described as follows:
From the Northeast corner of Lot 33 of Homewood Terrace
Second Addition to the City of Moline in Rock Island County, Illinois, said corner being the point of beginning and being 1272.48 feet South and 526.23 feet East of the center of Section 11; proceed thence South 00 deg.-00'-00" West 179.04 feet along the East line of said Homewood Terrace Second Addition; thence South 34 deg.-30'-00" West l35.00 feet along the East line of said Homewood Terrace Second Addition; thence South 34 deg.-22'-33" East 353.34 feet to the East line of the First Section of Homewood 5th Addition to the City of Moline in Rock Island County, Illinois; thence South 21 deg.-14'-01" East 448.00 feet along the East line of said First Section of Homewood 5th Addition to the North Right-of-Way line of Coaltown Road, Moline; thence North 69 deg.-30'-59" East 13.39 feet along the North Right-of-Way of Coaltown Road; thence Northeasterly 302.69 feet along the North Right-of-Way of Coaltown Road around a circular curve to the Right, said curve having an initial tangent bearing of North 69 deg.-30'-59" East and a radius of 1950.08 feet; thence North 49 deg.-29'-56" East 99.18 feet along the North Right-of-Way line of Coaltown Road, Moline, to the West Right-of-Way line of 60th Street, Moline; thence North 09 deg.-29'-20" West 366.24 feet along the West Right-of-Way line of 60th Street, Moline Right-of-Way monument; thence North 10 deg.-10'-03" West 263.50 feet along the West Right-of-Way line of 60th Street, Moline Right-of-Way monument; thence North 01 deg.-45'-57" West 81.37 feet along the West line of 60th Street, Moline; thence Northwesterly 581.39 feet around a circular curve to the right, said curve having an initial tangent bearing of South 89 deg.-27'-55" West and a radius of 1085.00 feet to the point of beginning; Situated in Rock Island County, Illinois.
(A) The Board may sell, lease, or otherwise transfer
and convey all or part of the real estate described in this item (14), together with the improvements situated thereon, to a bona fide purchaser for value, without compliance with the State Property Control Act and on such terms as the Board shall determine are in the best interests of the University and consistent with its objects and purposes.
(B) The Board may retain the proceeds from the sale,
lease, or other transfer of all or any part of the real estate described in this item (14) in the University treasury, in a special, separate development fund account that the Auditor General shall examine to ensure the use or deposit of those proceeds in a manner consistent with subdivision (C) of this item (14).
(C) Revenues from the development fund account may be
withdrawn by the University for the purpose of demolition and the processes associated with demolition; routine land and property acquisition; streetscape work; landscape work; lease and lease purchase arrangements and the professional services associated with planning and development; surface and structure parking; sidewalks, recreational paths, and street construction; utility infrastructure; historic preservation; and building rehabilitation. Money from the development fund account used for any other purpose must be deposited into and appropriated from the General Revenue Fund. Buildings or facilities leased to an entity or person other than the University are not subject to any limitations applicable to a State-supported college or university under any law. All development on the land and all use of any buildings or facilities is subject to the control and approval of the Board.
(Source: P.A. 97-333, eff. 8-12-11; 98-998, eff. 8-18-14.)
110 ILCS 690/35-50
(110 ILCS 690/35-50)
The Board shall comply with the provisions of
the Illinois Mined Coal Act.
(Source: P.A. 89-4, eff. 1-1-96.)
110 ILCS 690/35-55
(110 ILCS 690/35-55)
The Board shall, by January 1, 1997, submit
to the office
of the State Fire Marshal the plans for its smoke detection system in all
University dormitory corridors and the connection of that system to a
monitor panel and to a central fire alarm system.
(Source: P.A. 89-4, eff. 1-1-96.)
110 ILCS 690/35-60
(110 ILCS 690/35-60)
Police Department; liability insurance.
(a) The Board shall provide each member of the Western Illinois University
Police Department without cost to him or her public liability
insurance covering him or her for any liability which arises out of his or her
to the extent of the insurance policy limits which shall be not less than
(b) The Board shall have power to insure the Board, Western Illinois
University and its branches under
Board jurisdiction, Board members, paid and unpaid employees of the Board,
and any students, volunteer workers, visiting faculty and professionals who
are agents of the Board in the performance or delivery of its programs or
services against claims, damages, losses, expenses and civil suits arising
out of statements, acts or omissions in the discharge of their duties,
which statements, acts or omissions do not involve intentional or willful
and wanton misconduct on the part of such persons; and to insure against
losses to real and personal property owned by the Board or in the actual or
constructive custody of the Board and for loss of income
from such real and personal property. The Board shall have power to defend,
hold harmless and
indemnify, in whole or in part, all persons as to whom any such insurance
is provided. Pursuant to its power to insure, the Board may establish
and accumulate reserves for payment
of such claims, damages, losses, expenses and civil suit awards
or obtain insurance affording
coverage for such matters. Reserves
established by the Board for the foregoing purpose shall be subject to the
(1) The amount of such reserves shall not exceed the
amount necessary and proper, based on past experience or independent actuarial determinations;
(2) All earnings derived from such reserves shall be
considered part of the reserves and may be used only for the same purposes for which the reserves may be used;
(3) Reserves may be used only for the purposes of
making payments for civil suits, claims, damages, losses and expenses, including attorneys fees, claims investigation costs and actuarial studies associated with liabilities arising out of statements, acts or omissions of individuals in the discharge of their duties, which statements, acts or omissions do not involve intentional or willful and wanton misconduct on the part of such individuals, for payment of insurance premiums, and for the purposes of making payments for losses resulting from any insured peril;
(4) All funds collected for the purposes specified in
paragraph (3) or earmarked for such purposes must be placed in the reserves;
(5) Whenever the reserves have a balance in excess of
what is necessary and proper, then contributions, charges, assessments or other forms of funding for the reserves shall be appropriately decreased.
(c) As to all claims, damages, losses, expenses and civil suits covered
by insurance provided by the Board or as to which the Board has not provided
insurance, to the extent permitted by law, sovereign immunity shall apply
and recourse shall be limited to the Court of Claims.
(d) When permitted by law to enter into an agreement with any unit of
government, institution of higher education, person, or corporation for the
use of property or the performance of any function, service or act, the
Board may agree to the sharing or allocation of liabilities and damages
resulting from such use of property or performance of any function, service
or act. Such agreement may provide for contribution or indemnification by
any or all of the parties to the agreement upon any liability arising out
of the performance of the agreement.
(Source: P.A. 89-4, eff. 1-1-96.)
110 ILCS 690/35-65
(110 ILCS 690/35-65)
(a) If the Board has provided access to any campus under
its jurisdiction to persons or groups whose purpose is to make students
aware of educational or occupational options, the Board shall provide, on
an equal basis, access to the official recruiting representatives of the
armed forces of Illinois and the United States for the purpose of informing
students of educational and career opportunities available to them in the
military. The Board is not required to give greater notice regarding the
right of access to recruiting representatives than is given to other persons
(b) The Board shall not bar or exclude from the curriculum, campus, or
school facilities of Western Illinois University any armed forces training
or organization operated under the authority of the United States government
because the program or organization complies with rules, regulations, or
policies of the United States government or any agency, branch, or department
(Source: P.A. 89-4, eff. 1-1-96.)
110 ILCS 690/35-70
(110 ILCS 690/35-70)
English language proficiency.
The Board shall at all times
maintain in effect
a program to assess the oral English language proficiency of all
persons providing classroom instruction to students at each campus under
the jurisdiction, governance or supervision of the Board, and shall ensure
that each person who is not orally proficient in the English language
attain such proficiency prior to providing any classroom instruction to
students. The program required by this Section shall be fully implemented
to ensure the oral English language proficiency of all classroom instructors at
each campus under the jurisdiction, governance or supervision of the Board.
Any other provisions of this Section to the contrary notwithstanding,
nothing in this Section shall be deemed or construed to apply to, or to
require such oral English language proficiency of any person who provides
classroom instruction to students in foreign language courses only.
(Source: P.A. 89-4, eff. 1-1-96.)
110 ILCS 690/35-75
(110 ILCS 690/35-75)
The Board is authorized to construct
engineering facilities with funds appropriated for that purpose from the Build
Illinois Bond Fund.
(Source: P.A. 94-91, eff. 7-1-05.)
110 ILCS 690/35-80
(110 ILCS 690/35-80)
(Source: P.A. 89-4, eff. 1-1-96. Repealed by P.A. 98-742, eff. 7-16-14.)
110 ILCS 690/35-85
(110 ILCS 690/35-85)
(a) No new student shall be admitted to instruction in any of the
departments or colleges of the Western Illinois University unless such student
also has satisfactorily completed:
(1) at least 15 units of high school coursework from
the following 5 categories:
(A) 4 years of English (emphasizing written and
oral communications and literature), of which up to 2 years may be collegiate level instruction;
(B) 3 years of social studies (emphasizing
(C) 3 years of mathematics (introductory through
advanced algebra, geometry, trigonometry, or fundamentals of computer programming);
(D) 3 years of science (laboratory sciences); and
(E) 2 years of electives in foreign language
(which may be deemed to include American Sign Language), music, vocational education or art;
(2) except that Western Illinois University may admit
individual applicants if it determines through assessment or through evaluation based on learning outcomes of the coursework taken, including vocational education courses and courses taken in a charter school established under Article 27A of the School Code, that the applicant demonstrates knowledge and skills substantially equivalent to the knowledge and skills expected to be acquired in the high school courses required for admission. The Board of Trustees of Western Illinois University shall not discriminate in the University's admissions process against an applicant for admission because of the applicant's enrollment in a charter school established under Article 27A of the School Code. Western Illinois University may also admit (i) applicants who did not have an opportunity to complete the minimum college preparatory curriculum in high school, and (ii) educationally disadvantaged applicants who are admitted to the formal organized special assistance programs that are tailored to the needs of such students, providing that in either case, the institution incorporates in the applicant's baccalaureate curriculum courses or other academic activities that compensate for course deficiencies; and
(3) except that up to 3 of 15 units of coursework
required by paragraph (1) of this subsection may be distributed by deducting no more than one unit each from the categories of social studies, mathematics, sciences and electives and completing those 3 units in any of the 5 categories of coursework described in paragraph (1).
(b) When allocating funds, local boards of education shall recognize
their obligation to their students to offer the coursework required by
(c) A student who has graduated from high school and has scored within the
University's accepted range on the ACT or SAT shall not be required to take a high school equivalency test as a prerequisite to
(d) The Board shall establish an admissions process in which honorably discharged veterans are permitted to submit an application for admission to the University as a freshman student enrolling in the spring semester if the veteran was on active duty during the fall semester. The University may request that the Department of Veterans' Affairs confirm the status of an applicant as an honorably discharged veteran who was on active duty during the fall semester.
(Source: P.A. 98-718, eff. 1-1-15; 99-806, eff. 8-15-16.)
110 ILCS 690/35-88
(110 ILCS 690/35-88)
In-state tuition charge.
(a) Notwithstanding any other provision of law to the contrary,
for tuition purposes, the Board shall deem an individual
resident, until the individual establishes a residence outside of this
State, if all of the following conditions are met:
(1) The individual resided with his or her parent or
guardian while attending a public or private high school in this State.
(2) The individual graduated from a public or private
high school or received the equivalent of a high school diploma in this State.
(3) The individual attended school in this State for
at least 3 years as of the date the individual graduated from high school or received the equivalent of a high school diploma.
(4) The individual registers as an entering student
in the University not earlier than the 2003 fall semester.
(5) In the case of an individual who is not a citizen
or a permanent resident of the United States, the individual provides the University with an affidavit stating that the individual will file an application to become a permanent resident of the United States at the earliest opportunity the individual is eligible to do so.
This subsection (a) applies only to tuition for a
term or semester that begins
on or after May 20, 2003 (the effective date of Public Act 93-7).
Any revenue lost by the University in implementing this subsection (a)
shall be absorbed by the University Income Fund.
(b) If a person is on active military duty and stationed in Illinois, then
Board shall deem that person and any of his or her dependents Illinois
residents for tuition purposes.
Beginning with the 2009-2010 academic year, if a person is on active military duty and is stationed out of State, but he or she was stationed in this State for at least 3 years immediately prior to being reassigned out of State, then the Board shall deem that person and any of his or her dependents Illinois residents for tuition purposes, as long as that person or his or her dependent (i) applies for admission to the University within 18 months of the person on active military duty being reassigned or (ii) remains continuously enrolled at the University. Beginning with the 2013-2014 academic year, if a person is utilizing benefits under the federal Post-9/11 Veterans Educational Assistance Act of 2008 or any subsequent variation of that Act, then the Board shall deem that person an Illinois resident for tuition purposes. Beginning with the 2015-2016 academic year, if a person is utilizing benefits under the federal All-Volunteer Force Educational Assistance Program, then the Board shall deem that person an Illinois resident for tuition purposes.
(Source: P.A. 98-306, eff. 8-12-13; 99-309, eff. 8-7-15.)
110 ILCS 690/35-90
(110 ILCS 690/35-90)
Partial tuition waivers.
(a) As used in this Section, "Illinois college or university" means any
of the following: the University of Illinois, Southern Illinois University,
Chicago State University, Eastern Illinois University, Governors State
University, Illinois State University, Northeastern Illinois University,
Northern Illinois University, and Western Illinois University.
(b) Each year the Board of Western Illinois
University shall offer 50% tuition waivers for undergraduate education at any
campus under its governance to the children of employees of
an Illinois college or university who have been employed
by any one or by more than one Illinois college or university for an aggregate period of at least 7
years. To be eligible to receive a partial tuition waiver, the child of an
employee of an Illinois college or university (i) must
be under the age of 25 at the
commencement of the academic year during which the partial tuition waiver
is to be effective, and (ii) must qualify for admission to Western Illinois University
under the same admissions requirements, standards and policies which Western
Illinois University applies to applicants for admission generally to
undergraduate colleges and programs.
(c) Subject to the provisions and limitations of subsection
eligible applicant who has continued to maintain satisfactory academic
progress toward graduation may have his or her partial tuition waiver
renewed until the time as he or she has expended 4 years of undergraduate
partial tuition waiver benefits under this Section.
(d) No partial tuition waiver offered or allocated to any
applicant in accordance with the provisions of this Section shall be
charged against any tuition waiver limitation established by the Illinois
Board of Higher Education.
(e) The Board shall prescribe rules and regulations as
are necessary to implement and administer the provisions of this Section.
(Source: P.A. 89-4, eff. 1-1-96; 90-282, eff. 1-1-98.)
110 ILCS 690/35-91
(110 ILCS 690/35-91)
In addition to any tuition waivers that the
Board offers that are exempt by statute from any tuition waiver
limitation established by the Illinois Board of Higher Education, the Board is
authorized to waive, for individuals with the requisite athletic,
academic, or other abilities, that percentage of its undergraduate tuition that
is authorized under the tuition waiver limitation established in regulations
promulgated by the Illinois Board of Higher Education. If in any fiscal year
the Board issues undergraduate tuition waivers to individuals in an
aggregate amount exceeding the aggregate tuition waiver amount authorized
for that fiscal year under the tuition waiver limitation established by the
Illinois Board of Higher Education, the University's budget request for the
succeeding fiscal year may be reduced by the Illinois Board of Higher Education
by an amount equal to that tuition waiver excess.
(Source: P.A. 89-307, eff. 1-1-96.)
110 ILCS 690/35-93
(110 ILCS 690/35-93)
Tuition and fee waiver report.
The Board shall report to the
Education by September 15 of each year the tuition and fee waivers the
granted in the
previous fiscal year as well as the following information for each tuition and
which the University participates:
(1) Justification of the need for the program.
(2) The program's intended purposes and goals.
(3) The program's eligibility and selection criteria.
(4) The program's cost.
(5) Any benefits resulting from the program.
(Source: P.A. 92-51, eff. 1-1-02.)
110 ILCS 690/35-95
(110 ILCS 690/35-95)
Child care services.
(a) For the purposes of this Section, "child care services" means day
care home or center services as defined by the Child Care Act of 1969.
(b) The Board may contract for the provision of child care services for its
employees. The Board may, in accordance with established rules, allow day care
centers to operate in State-owned or leased facilities. Such day care centers
shall be primarily for use by State employees of Western Illinois University
but use by non-employees may be allowed.
Where the Board enters into a contract to construct, acquire or
lease all or a substantial portion of a building, in which more than 50
persons shall be employed, other than a renewal of an existing lease,
and where a need has been demonstrated, according to
subsection (c), on-site child care services shall be provided for
employees of Western Illinois University.
The Board shall implement this Section and shall promulgate all rules
and regulations necessary for this purpose. By September 1, 1996, the
Board shall propose rules setting forth the standards and criteria,
including need and feasibility, for determining if September child care
services shall be provided. The Board shall consult with the Department of
Children and Family Services in defining standards for child care service
centers established pursuant to this Section to ensure compliance with the
Child Care Act of 1969. The Board shall establish a schedule of fees that
shall be charged for child care services under this Section. The schedule
shall be established so that charges for service are based on the actual cost
of care. Except as otherwise provided by law for employees who may qualify for
public assistance or social services due to indigency or family circumstance,
each employee obtaining child care services under this Section shall be
responsible for full payment of all charges. The Board shall report, on or
before December 31, 1996, to the Governor and the members of the General
Assembly, on the feasibility and implementation of a plan for the provision of
comprehensive child care services.
(c) Prior to contracting for child care services, the Board shall determine
a need for child care services. Proof of need may include a survey of
University employees as well as a determination of the availability of child
care services through other State agencies, or in the community. The Board may
also require submission of a feasibility, design and implementation plan that
takes into consideration similar needs and services of other State
The Board shall have the sole responsibility for choosing the successful
bidder and overseeing the operation of its child care service program within
the guidelines established by the Board. The Board shall promulgate rules under
the Illinois Administrative Procedure Act that detail the specific standards to
be used in the selection of a vendor of child care services.
The contract shall provide for the establishment of or arrangement for the
use of a licensed day care center or a licensed day care agency, as defined in
the Child Care Act of 1969.
(Source: P.A. 89-4, eff. 1-1-96.)
110 ILCS 690/35-100
(110 ILCS 690/35-100)
Flexible hours positions.
The Board is
authorized to use flexible hours positions. A flexible hours position is
one that does not require an ordinary work schedule and includes but is not
limited to: (i) a part-time job of 20 hours or more per week, (ii) a job
which is shared by 2 employees, or (iii) a job with a compressed work week
consisting of an ordinary number of working hours performed on fewer than
the number of days ordinarily required to perform that job. The Board may
define flexible hours positions to include other types of jobs than are defined
The Board shall establish goals for flexible hours positions to be
available at each campus under its governance.
The Board shall give technical assistance to each such campuses in achieving
its goals, and shall report to the Governor and General Assembly prior to May
1, 1997, on the progress of each institution in achieving its goals.
When a goal of 20% of the positions on a campus being available on a
flexible hours basis has been reached, the Board shall evaluate the
effectiveness and efficiency of the program and determine whether to expand
the number of positions available for flexible hours.
(Source: P.A. 89-4, eff. 1-1-96.)
110 ILCS 690/35-105
(110 ILCS 690/35-105)
The fiscal year of Western Illinois University
shall terminate on the 30th
day of June, and all reports of Western Illinois University, except catalogs
circulars, shall be addressed to the Governor. Annual reports shall contain
a full account of the financial and other transactions of Western Illinois
the close of the fiscal year, together with a full statement of the then
condition of the endowment fund, and shall be presented to the Governor on
or before the 15th day of November.
(Source: P.A. 89-4, eff. 1-1-96.)
110 ILCS 690/35-110
(110 ILCS 690/35-110)
The powers of the Board as designated in this
subject to the Board of Higher Education Act.
(Source: P.A. 89-4, eff. 1-1-96.)
110 ILCS 690/35-115
(110 ILCS 690/35-115)
(a) The Board of Western Illinois University is authorized, under applicable
permit and license of the Federal Communication Commission, to construct and
operate an educational television station at or near Macomb, Illinois with a
translator at or near Moline, Illinois.
(b) The Board may apply on behalf of Western Illinois University to the
Department of Health, Education and Welfare for funds, as authorized under the
Educational Television Facilities Act of 1962, to assist in the development of
the educational television program authorized in subsection (a).
(Source: P.A. 89-4, eff. 1-1-96.)
110 ILCS 690/35-120
(110 ILCS 690/35-120)
Meningitis vaccine; information.
beginning of each academic year, the University shall inform each of its
incoming freshmen and transfer students about meningitis and its transmission. Any
University facility that delivers health services to University students
must offer the meningitis vaccine, subject to availability of the vaccine
from the manufacturer. Nothing in this Section may
be construed to require the University to pay
for the cost of vaccination.
(Source: P.A. 92-89, eff. 1-1-02.)
110 ILCS 690/35-125
(110 ILCS 690/35-125)
Limitation on tuition increase.
This Section applies only to those students who first enroll after the
2003-2004 academic year. For 4 continuous academic years following
initial enrollment (or for undergraduate programs that require more than
4 years to complete, for the normal time to complete the program, as
determined by the University), the tuition charged an undergraduate
student who is an Illinois resident shall not exceed the amount that the
student was charged at the time he or she first enrolled in the University.
However, if the student changes majors during this time period, the
tuition charged the student shall equal the amount the student would
have been charged had he or she been admitted to the changed major
when he or she first enrolled.
An undergraduate student who is an Illinois resident and who has for 4 continuous academic years been charged no more than the tuition amount that he or she was charged at the time he or she first enrolled in the University shall be charged tuition not to exceed the amount the University charged students who first enrolled in the University for the academic year following the academic year the student first enrolled in the University for a maximum of 2 additional continuous academic years.
(Source: P.A. 96-1293, eff. 7-26-10.)
110 ILCS 690/35-130
(110 ILCS 690/35-130)
Provision of student and social security information prohibited.
The University, including its agents, employees, student or alumni organizations, or any affiliates, may not provide a student's name, address, telephone number,
social security number, e-mail address, or other personal identifying
information to a business organization or financial institution that issues
credit or debit cards, unless the student is 21 years of age or older. This prohibition does not apply to service providers of the University that (i) assist the University in the electronic disbursement of refunds, including, but not limited to, financial aid refunds, and (ii) do not provide loan or credit services.
(b) The University may not print an individual's social security number on any card or other document required for the individual to access products or services provided by the University.
(Source: P.A. 96-261, eff. 1-1-10; 96-1391, eff. 7-29-10.)
110 ILCS 690/35-135
(110 ILCS 690/35-135)
Students called to active military service.
The University shall allow a currently enrolled student who is called to active military service to complete any unfinished courses at a later date at no additional charge, unless course credit has already been given or the student received a full refund upon withdrawing from the course (in which case the student's record shall reflect that the withdrawal is due to active military service). The student must be given priority over other students in reenrolling in the course or courses. The Board may adopt any rules necessary to implement this Section.
(Source: P.A. 94-587, eff. 8-15-05.)
110 ILCS 690/35-140
(110 ILCS 690/35-140)
Sexual assault awareness education.
The University shall provide some form of sexual assault awareness education to all incoming students, whether through a seminar, online training, or some other way of informing students.
(Source: P.A. 95-764, eff. 1-1-09.)
110 ILCS 690/35-145
(110 ILCS 690/35-145)
Buildings available for emergency purposes.
The Board shall make mutually agreed buildings of the university available for emergency purposes, upon the request of the Illinois Emergency Management Agency, the State-accredited emergency management agency with jurisdiction, or the American Red Cross, and cooperate in all matters with the Illinois Emergency
Management Agency, local emergency management agencies, State-certified, local public health departments, the American Red Cross, and
federal agencies concerned with emergency preparedness and response.
(Source: P.A. 96-57, eff. 7-23-09; 96-1000, eff. 7-2-10; 97-333, eff. 8-12-11.)