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Public Act 100-0400


 

Public Act 0400 100TH GENERAL ASSEMBLY



 


 
Public Act 100-0400
 
SB0448 EnrolledLRB100 04890 MLM 14900 b

    AN ACT concerning education.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Southern Illinois University Management Act
is amended by changing Section 8 as follows:
 
    (110 ILCS 520/8)  (from Ch. 144, par. 658)
    Sec. 8. Powers and Duties of the Board. The Board shall
have power and it shall be its duty:
        1. To make rules, regulations and by-laws, not
    inconsistent with law, for the government and management of
    Southern Illinois University and its branches.
        2. To employ, and, for good cause, to remove a
    president of Southern Illinois University, and all
    necessary deans, professors, associate professors,
    assistant professors, instructors, and other educational
    and administrative assistants, and all other necessary
    employees, and contract with them upon matters relating to
    tenure, salaries and retirement benefits in accordance
    with the State Universities Civil Service Act; the Board
    shall, upon the written request of an employee of Southern
    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 Relations 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. Whenever the Board establishes a search
    committee to fill the position of president of Southern
    Illinois University, there shall be minority
    representation, including women, on that search committee.
        3. To prescribe the course of study to be followed, and
    textbooks and apparatus to be used at Southern Illinois
    University.
        4. To issue upon the recommendation of the faculty,
    diplomas to such persons as have satisfactorily completed
    the required studies of Southern 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 deem appropriate.
        5. To examine into the conditions, management, and
    administration of Southern 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 stadium or other
    recreational facilities; student welfare fees; laboratory
    fees and similar fees for supplies and material.
        6. To succeed to and to administer all trusts, trust
    property, and gifts now or hereafter belonging or
    pertaining to Southern Illinois University.
        7. To accept endowments of professorships or
    departments in the 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
    Southern 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 other services.
        9. To provide for the receipt and expenditures of
    Federal funds, paid to the Southern 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.
        10. To appoint, subject to the applicable civil service
    law, persons to be members of the Southern 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
    the university and any of its branches or properties 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 Southern
    Illinois University Police Department and to any other
    employee of Southern 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
    Southern Illinois University and (ii) contains a unique
    identifying number. No other badge shall be authorized by
    Southern Illinois University.
        10.5. To conduct health care programs in furtherance of
    its teaching, research, and public service functions,
    which shall include without limitation patient and
    ancillary facilities, institutes, clinics, or offices
    owned, leased, or purchased through an equity interest by
    the Board or its appointed designee to carry out such
    activities in the course of or in support of the Board's
    academic, clinical, and public service responsibilities.
        11. To administer a plan or plans established by the
    clinical faculty of the School of Medicine or the School of
    Dental Medicine for the billing, collection and
    disbursement of charges for services performed in the
    course of or in support of the faculty's academic
    responsibilities, provided that such plan has been first
    approved by Board action. All such collections shall be
    deposited into a special fund or funds administered by the
    Board from which disbursements may be made according to the
    provisions of said plan. The reasonable costs incurred, by
    the University, administering the billing, collection and
    disbursement provisions of a plan shall have first priority
    for payment before distribution or disbursement for any
    other purpose. Audited financial statements of the plan or
    plans must be provided to the Legislative Audit Commission
    annually.
        The Board of Trustees may own, operate, or govern, by
    or through the School of Medicine, a managed care community
    network established under subsection (b) of Section 5-11 of
    the Illinois Public Aid Code.
        12. The Board of Trustees 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 medical research and high technology parks,
    together with the necessary lands, buildings, facilities,
    equipment, and personal property therefor, to encourage
    and facilitate (a) the location and development of business
    and industry in the State of Illinois, and (b) the
    increased application and development of technology and
    (c) the improvement and development of the State's economy.
    The Board of Trustees may lease to nonprofit corporations
    all or any part of the land, buildings, facilities,
    equipment or other property included in a medical research
    and high technology park upon such terms and conditions as
    the Board of Trustees 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 corporation, 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 of Trustees 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.
    The powers of the Board as herein designated are subject to
the Board of Higher Education Act.
(Source: P.A. 96-909, eff. 6-8-10; 97-333, eff. 8-12-11.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/25/2017