97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB0135

 

Introduced 1/27/2011, by Sen. Martin A. Sandoval

 

SYNOPSIS AS INTRODUCED:
 
110 ILCS 305/7  from Ch. 144, par. 28
110 ILCS 305/25
110 ILCS 520/8  from Ch. 144, par. 658
110 ILCS 520/15
110 ILCS 660/5-45
110 ILCS 660/5-120
110 ILCS 665/10-45
110 ILCS 665/10-120
110 ILCS 670/15-45
110 ILCS 670/15-120
110 ILCS 675/20-45
110 ILCS 675/20-125
110 ILCS 680/25-45
110 ILCS 680/25-120
110 ILCS 685/30-45
110 ILCS 685/30-130
110 ILCS 690/35-45
110 ILCS 690/35-125
110 ILCS 805/6-4  from Ch. 122, par. 106-4

    Amends the Public Community College Act and various Acts relating to the governance of public universities in Illinois. Removes the power of the governing board of each public university and community college district to establish tuition rates and fees. Provides that for the 2011-2012 academic year and each academic year thereafter, the tuition and fee rates for students must be equal to the tuition and fee rates in effect for the 2010-2011 academic year or such lesser or greater amount as may be established by law by the General Assembly. Effective immediately.


LRB097 06217 NHT 46292 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB0135LRB097 06217 NHT 46292 b

1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The University of Illinois Act is amended by
5changing Sections 7 and 25 as follows:
 
6    (110 ILCS 305/7)  (from Ch. 144, par. 28)
7    Sec. 7. Powers of trustees.
8    (a) The trustees shall have power to provide for the
9requisite buildings, apparatus, and conveniences; to fix the
10rates for tuition; to appoint such professors and instructors,
11and to establish and provide for the management of such model
12farms, model art, and other departments and professorships, as
13may be required to teach, in the most thorough manner, such
14branches of learning as are related to agriculture and the
15mechanic arts, and military tactics, without excluding other
16scientific and classical studies. The trustees shall, upon the
17written request of an employee withhold from the compensation
18of that employee any dues, payments or contributions payable by
19such employee to any labor organization as defined in the
20Illinois Educational Labor Relations Act. Under such
21arrangement, an amount shall be withheld from each regular
22payroll period which is equal to the pro rata share of the
23annual dues plus any payments or contributions, and the

 

 

SB0135- 2 -LRB097 06217 NHT 46292 b

1trustees shall transmit such withholdings to the specified
2labor organization within 10 working days from the time of the
3withholding. They may accept the endowments and voluntary
4professorships or departments in the University, from any
5person or persons or corporations who may offer the same, and,
6at any regular meeting of the board, may prescribe rules and
7regulations in relation to such endowments and declare on what
8general principles they may be admitted: Provided, that such
9special voluntary endowments or professorships shall not be
10incompatible with the true design and scope of the act of
11congress, or of this Act: Provided, that no student shall at
12any time be allowed to remain in or about the University in
13idleness, or without full mental or industrial occupation: And
14provided further, that the trustees, in the exercise of any of
15the powers conferred by this Act, shall not create any
16liability or indebtedness in excess of the funds in the hands
17of the treasurer of the University at the time of creating such
18liability or indebtedness, and which may be specially and
19properly applied to the payment of the same. Any lease to the
20trustees of lands, buildings or facilities which will support
21scientific research and development in such areas as high
22technology, super computing, microelectronics, biotechnology,
23robotics, physics and engineering shall be for a term not to
24exceed 18 years, and may grant to the trustees the option to
25purchase the lands, buildings or facilities. The lease shall
26recite that it is subject to termination and cancellation in

 

 

SB0135- 3 -LRB097 06217 NHT 46292 b

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

 

 

SB0135- 4 -LRB097 06217 NHT 46292 b

1building, facilities, equipment or other property of such park
2for such purposes and upon such rentals, terms and conditions
3as the University may deem advisable; and may finance all or
4part of the cost of any such park, including the purchase,
5lease, construction, reconstruction, improvement, remodeling,
6addition to, and extension and maintenance of all or part of
7such high technology park, and all equipment and furnishings,
8by legislative appropriations, government grants, contracts,
9private gifts, loans, receipts from the operation of such high
10technology park, rentals and similar receipts; and may make its
11other facilities and services available to tenants or other
12occupants of any such park at rates which are reasonable and
13appropriate.
14    The Trustees shall have power (a) to purchase real property
15and easements, and (b) to acquire real property and easements
16in the manner provided by law for the exercise of the right of
17eminent domain, and in the event negotiations for the
18acquisition of real property or easements for making any
19improvement which the Trustees are authorized to make shall
20have proven unsuccessful and the Trustees shall have by
21resolution adopted a schedule or plan of operation for the
22execution of the project and therein made a finding that it is
23necessary to take such property or easements immediately or at
24some specified later date in order to comply with the schedule,
25the Trustees may acquire such property or easements in the same
26manner provided in Article 20 of the Eminent Domain Act

 

 

SB0135- 5 -LRB097 06217 NHT 46292 b

1(quick-take procedure).
2    The Board of Trustees also shall have power to agree with
3the State's Attorney of the county in which any properties of
4the Board are located to pay for services rendered by the
5various taxing districts for the years 1944 through 1949 and to
6pay annually for services rendered thereafter by such district
7such sums as may be determined by the Board upon properties
8used solely for income producing purposes, title to which is
9held by said Board of Trustees, upon properties leased to
10members of the staff of the University of Illinois, title to
11which is held in trust for said Board of Trustees and upon
12properties leased to for-profit entities the title to which
13properties is held by the Board of Trustees. A certified copy
14of any such agreement made with the State's Attorney shall be
15filed with the County Clerk and such sums shall be distributed
16to the respective taxing districts by the County Collector in
17such proportions that each taxing district will receive
18therefrom such proportion as the tax rate of such taxing
19district bears to the total tax rate that would be levied
20against such properties if they were not exempt from taxation
21under the Property Tax Code.
22    The Board of Trustees of the University of Illinois,
23subject to the applicable civil service law, may appoint
24persons to be members of the University of Illinois Police
25Department. Members of the Police Department shall be peace
26officers and as such have all powers possessed by policemen in

 

 

SB0135- 6 -LRB097 06217 NHT 46292 b

1cities, and sheriffs, including the power to make arrests on
2view or warrants of violations of state statutes and city or
3county ordinances, except that they may exercise such powers
4only in counties wherein the University and any of its branches
5or properties are located when such is required for the
6protection of university properties and interests, and its
7students and personnel, and otherwise, within such counties,
8when requested by appropriate state or local law enforcement
9officials; provided, however, that such officer shall have no
10power to serve and execute civil processes.
11    The Board of Trustees must authorize to each member of the
12University of Illinois Police Department and to any other
13employee of the University of Illinois exercising the powers of
14a peace officer a distinct badge that, on its face, (i) clearly
15states that the badge is authorized by the University of
16Illinois and (ii) contains a unique identifying number. No
17other badge shall be authorized by the University of Illinois.
18Nothing in this paragraph prohibits the Board of Trustees from
19issuing shields or other distinctive identification to
20employees not exercising the powers of a peace officer if the
21Board of Trustees determines that a shield or distinctive
22identification is needed by the employee to carry out his or
23her responsibilities.
24    The Board of Trustees may own, operate, or govern, by or
25through the College of Medicine at Peoria, a managed care
26community network established under subsection (b) of Section

 

 

SB0135- 7 -LRB097 06217 NHT 46292 b

15-11 of the Illinois Public Aid Code.
2    The powers of the trustees as herein designated are subject
3to the provisions of "An Act creating a Board of Higher
4Education, defining its powers and duties, making an
5appropriation therefor, and repealing an Act herein named",
6approved August 22, 1961, as amended.
7    The Board of Trustees shall have the authority to adopt all
8administrative rules which may be necessary for the effective
9administration, enforcement and regulation of all matters for
10which the Board has jurisdiction or responsibility.
11    (b) To assist in the provision of buildings and facilities
12beneficial to, useful for, or supportive of University
13purposes, the Board of Trustees of the University of Illinois
14may exercise the following powers with regard to the area
15located on or adjacent to the University of Illinois at Chicago
16campus and bounded as follows: on the West by Morgan Street; on
17the North by Roosevelt Road; on the East by Union Street; and
18on the South by 16th Street, in the City of Chicago:
19        (1) Acquire any interests in land, buildings, or
20    facilities by purchase, including installments payable
21    over a period allowed by law, by lease over a term of such
22    duration as the Board of Trustees shall determine, or by
23    exercise of the power of eminent domain;
24        (2) Sub-lease or contract to purchase through
25    installments all or any portion of buildings or facilities
26    for such duration and on such terms as the Board of

 

 

SB0135- 8 -LRB097 06217 NHT 46292 b

1    Trustees shall determine, including a term that exceeds 5
2    years, provided that each such lease or purchase contract
3    shall be and shall recite that it is subject to termination
4    and cancellation in any year for which the General Assembly
5    fails to make an appropriation to pay the rent or purchase
6    installments payable under the terms of such lease or
7    purchase contract; and
8        (3) Sell property without compliance with the State
9    Property Control Act and retain proceeds in the University
10    Treasury in a special, separate development fund account
11    which the Auditor General shall examine to assure
12    compliance with this Act.
13Any buildings or facilities to be developed on the land shall
14be buildings or facilities that, in the determination of the
15Board of Trustees, in whole or in part: (i) are for use by the
16University; or (ii) otherwise advance the interests of the
17University, including, by way of example, residential
18facilities for University staff and students and commercial
19facilities which provide services needed by the University
20community. Revenues from the development fund account may be
21withdrawn by the University for the purpose of demolition and
22the processes associated with demolition; routine land and
23property acquisition; extension of utilities; streetscape
24work; landscape work; surface and structure parking;
25sidewalks, recreational paths, and street construction; and
26lease and lease purchase arrangements and the professional

 

 

SB0135- 9 -LRB097 06217 NHT 46292 b

1services associated with the planning and development of the
2area. Moneys from the development fund account used for any
3other purpose must be deposited into and appropriated from the
4General Revenue Fund. Buildings or facilities leased to an
5entity or person other than the University shall not be subject
6to any limitations applicable to a State supported college or
7university under any law. All development on the land and all
8use of any buildings or facilities shall be subject to the
9control and approval of the Board of Trustees.
10    (c) The Board of Trustees shall have the power to borrow
11money, as necessary, from time to time in anticipation of
12receiving tuition, payments from the State of Illinois, or
13other revenues or receipts of the University, also known as
14anticipated moneys. The borrowing limit shall be capped at 100%
15of the total amount of payroll and other expense vouchers
16submitted and payable to the University for fiscal year 2010
17expenses, but unpaid by at the State Comptroller's office.
18Prior to borrowing any funds, the University shall request from
19the Comptroller's office a verification of the borrowing limit
20and shall include the estimated date on which such borrowing
21shall occur. The borrowing limit cap shall be verified by the
22State Comptroller's office not prior to 45 days before any
23estimated date for executing any promissory note or line of
24credit established under this subsection (c). The principal
25amount borrowed under a promissory note or line of credit shall
26not exceed 75% of the borrowing limit. Within 15 days after

 

 

SB0135- 10 -LRB097 06217 NHT 46292 b

1borrowing funds under any promissory note or line of credit
2established under this subsection (c), the University shall
3submit to the Governor's Office of Management and Budget, the
4Speaker of the House of Representatives, the Minority Leader of
5the House of Representatives, the President of the Senate, and
6the Minority Leader of the Senate, an Emergency Short Term Cash
7Management Plan. The Emergency Short Term Cash Management Plan
8shall outline the amount borrowed, the terms for repayment, the
9amount of outstanding State vouchers as verified by the State
10Comptroller's office, and the University's plan for
11expenditure of any borrowed funds, including, but not limited
12to, a detailed plan to meet payroll obligations to include
13collective bargaining employees, civil service employees, and
14academic, research, and health care personnel. The
15establishment of any promissory note or line of credit
16established under this subsection (c) must be finalized within
1790 days after the effective date of this amendatory Act of the
1896th General Assembly. The borrowed moneys shall be applied to
19the purposes of paying salaries and other expenses lawfully
20authorized in the University's State appropriation and unpaid
21by the State Comptroller. Any line of credit established under
22this subsection (c) shall be paid in full one year after
23creation or within 10 days after the date the University
24receives reimbursement from the State for all submitted fiscal
25year 2010 vouchers, whichever is earlier. Any promissory note
26established under this subsection (c) shall be repaid within

 

 

SB0135- 11 -LRB097 06217 NHT 46292 b

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

 

 

SB0135- 12 -LRB097 06217 NHT 46292 b

1make partial repayments of the borrowing as the anticipated
2moneys become available and may contain any other terms,
3restrictions, or limitations not inconsistent with the powers
4of the Board.
5    For the purposes of this subsection (c), "financial
6institution" means any bank subject to the Illinois Banking
7Act, any savings and loan association subject to the Illinois
8Savings and Loan Act of 1985, and any federally chartered
9commercial bank or savings and loan association or
10government-sponsored enterprise organized and operated in this
11State pursuant to the laws of the United States.
12(Source: P.A. 96-909, eff. 6-8-10; revised 6-15-10.)
 
13    (110 ILCS 305/25)
14    Sec. 25. Limitation on tuition and fee increase.
15    (a) This subsection (a) Section applies only to those
16students who first enroll after the 2003-2004 academic year.
17This subsection (a) does not apply beginning with the 2011-2012
18academic year. For 4 continuous academic years following
19initial enrollment (or for undergraduate programs that require
20more than 4 years to complete, for the normal time to complete
21the program, as determined by the University), the tuition
22charged an undergraduate student who is an Illinois resident
23shall not exceed the amount that the student was charged at the
24time he or she first enrolled in the University. However, if
25the student changes majors during this time period, the tuition

 

 

SB0135- 13 -LRB097 06217 NHT 46292 b

1charged the student shall equal the amount the student would
2have been charged had he or she been admitted to the changed
3major when he or she first enrolled. An undergraduate student
4who is an Illinois resident and who has for 4 continuous
5academic years been charged no more than the tuition amount
6that he or she was charged at the time he or she first enrolled
7in the University shall be charged tuition not to exceed the
8amount the University charged students who first enrolled in
9the University for the academic year following the academic
10year the student first enrolled in the University for a maximum
11of 2 additional continuous academic years.
12    (b) Notwithstanding any other provision of law to the
13contrary, for the 2011-2012 academic year and each academic
14year thereafter, the tuition and fee rates for undergraduate
15and graduate resident and non-resident students must be equal
16to the tuition and fee rates in effect for the 2010-2011
17academic year or such lesser or greater amount as may be
18established by law by the General Assembly.
19(Source: P.A. 96-1293, eff. 7-26-10.)
 
20    Section 10. The Southern Illinois University Management
21Act is amended by changing Sections 8 and 15 as follows:
 
22    (110 ILCS 520/8)  (from Ch. 144, par. 658)
23    Sec. 8. Powers and Duties of the Board. The Board shall
24have power and it shall be its duty:

 

 

SB0135- 14 -LRB097 06217 NHT 46292 b

1        1. To make rules, regulations and by-laws, not
2    inconsistent with law, for the government and management of
3    Southern Illinois University and its branches. ;
4        2. To employ, and, for good cause, to remove a
5    president of Southern Illinois University, and all
6    necessary deans, professors, associate professors,
7    assistant professors, instructors, and other educational
8    and administrative assistants, and all other necessary
9    employees, and contract with them upon matters relating to
10    tenure, salaries and retirement benefits in accordance
11    with the State Universities Civil Service Act; the Board
12    shall, upon the written request of an employee of Southern
13    Illinois University, withhold from the compensation of
14    that employee any dues, payments or contributions payable
15    by such employee to any labor organization as defined in
16    the Illinois Educational Labor Relations Act. Under such
17    arrangement, an amount shall be withheld from each regular
18    payroll period which is equal to the pro rata share of the
19    annual dues plus any payments or contributions, and the
20    Board shall transmit such withholdings to the specified
21    labor organization within 10 working days from the time of
22    the withholding. Whenever the Board establishes a search
23    committee to fill the position of president of Southern
24    Illinois University, there shall be minority
25    representation, including women, on that search
26    committee. ;

 

 

SB0135- 15 -LRB097 06217 NHT 46292 b

1        3. To prescribe the course of study to be followed, and
2    textbooks and apparatus to be used at Southern Illinois
3    University. ;
4        4. To issue upon the recommendation of the faculty,
5    diplomas to such persons as have satisfactorily completed
6    the required studies of Southern Illinois University, and
7    confer such professional and literary degrees as are
8    usually conferred by other institutions of like character
9    for similar or equivalent courses of study, or such as the
10    Board may deem appropriate. ;
11        5. To examine into the conditions, management, and
12    administration of Southern Illinois University, to provide
13    the requisite buildings, apparatus, equipment and
14    auxiliary enterprises, and to fix and collect
15    matriculation fees; tuition fees; fees for student
16    activities; fees for student facilities such as student
17    union buildings or field houses or stadium or other
18    recreational facilities; student welfare fees; laboratory
19    fees and similar fees for supplies and material. ;
20        6. To succeed to and to administer all trusts, trust
21    property, and gifts now or hereafter belonging or
22    pertaining to Southern Illinois University. ;
23        7. To accept endowments of professorships or
24    departments in the University from any person who may
25    proffer them and, at regular meetings, to prescribe rules
26    and regulations in relation to endowments and declare on

 

 

SB0135- 16 -LRB097 06217 NHT 46292 b

1    what general principles they may be accepted. ;
2        8. To enter into contracts with the Federal government
3    for providing courses of instruction and other services at
4    Southern Illinois University for persons serving in or with
5    the military or naval forces of the United States, and to
6    provide such courses of instruction and other services. ;
7        9. To provide for the receipt and expenditures of
8    Federal funds, paid to the Southern Illinois University by
9    the Federal government for instruction and other services
10    for persons serving in or with the military or naval forces
11    of the United States and to provide for audits of such
12    funds. ;
13        10. To appoint, subject to the applicable civil service
14    law, persons to be members of the Southern Illinois
15    University Police Department. Members of the Police
16    Department shall be conservators of the peace and as such
17    have all powers possessed by policemen in cities, and
18    sheriffs, including the power to make arrests on view or
19    warrants of violations of state statutes, university rules
20    and regulations and city or county ordinances, except that
21    they may exercise such powers only within counties wherein
22    the university and any of its branches or properties are
23    located when such is required for the protection of
24    university properties and interests, and its students and
25    personnel, and otherwise, within such counties, when
26    requested by appropriate State or local law enforcement

 

 

SB0135- 17 -LRB097 06217 NHT 46292 b

1    officials. However, such officers shall have no power to
2    serve and execute civil processes.
3        The Board must authorize to each member of the Southern
4    Illinois University Police Department and to any other
5    employee of Southern Illinois University exercising the
6    powers of a peace officer a distinct badge that, on its
7    face, (i) clearly states that the badge is authorized by
8    Southern Illinois University and (ii) contains a unique
9    identifying number. No other badge shall be authorized by
10    Southern Illinois University.
11        10.5. To conduct health care programs in furtherance of
12    its teaching, research, and public service functions,
13    which shall include without limitation patient and
14    ancillary facilities, institutes, clinics, or offices
15    owned, leased, or purchased through an equity interest by
16    the Board or its appointed designee to carry out such
17    activities in the course of or in support of the Board's
18    academic, clinical, and public service responsibilities.
19        11. To administer a plan or plans established by the
20    clinical faculty of the School of Medicine for the billing,
21    collection and disbursement of charges for services
22    performed in the course of or in support of the faculty's
23    academic responsibilities, provided that such plan has
24    been first approved by Board action. All such collections
25    shall be deposited into a special fund or funds
26    administered by the Board from which disbursements may be

 

 

SB0135- 18 -LRB097 06217 NHT 46292 b

1    made according to the provisions of said plan. The
2    reasonable costs incurred, by the University,
3    administering the billing, collection and disbursement
4    provisions of a plan shall have first priority for payment
5    before distribution or disbursement for any other purpose.
6    Audited financial statements of the plan or plans must be
7    provided to the Legislative Audit Commission annually.
8        The Board of Trustees may own, operate, or govern, by
9    or through the School of Medicine, a managed care community
10    network established under subsection (b) of Section 5-11 of
11    the Illinois Public Aid Code.
12        12. The Board of Trustees may, directly or in
13    cooperation with other institutions of higher education,
14    acquire by purchase or lease or otherwise, and construct,
15    enlarge, improve, equip, complete, operate, control and
16    manage medical research and high technology parks,
17    together with the necessary lands, buildings, facilities,
18    equipment, and personal property therefor, to encourage
19    and facilitate (a) the location and development of business
20    and industry in the State of Illinois, and (b) the
21    increased application and development of technology and
22    (c) the improvement and development of the State's economy.
23    The Board of Trustees may lease to nonprofit corporations
24    all or any part of the land, buildings, facilities,
25    equipment or other property included in a medical research
26    and high technology park upon such terms and conditions as

 

 

SB0135- 19 -LRB097 06217 NHT 46292 b

1    the Board of Trustees may deem advisable and enter into any
2    contract or agreement with such nonprofit corporations as
3    may be necessary or suitable for the construction,
4    financing, operation and maintenance and management of any
5    such park; and may lease to any person, firm, partnership
6    or corporation, either public or private, any part or all
7    of the land, building, facilities, equipment or other
8    property of such park for such purposes and upon such
9    rentals, terms and conditions as the Board of Trustees may
10    deem advisable; and may finance all or part of the cost of
11    any such park, including the purchase, lease,
12    construction, reconstruction, improvement, remodeling,
13    addition to, and extension and maintenance of all or part
14    of such high technology park, and all equipment and
15    furnishings, by legislative appropriations, government
16    grants, contracts, private gifts, loans, receipts from the
17    operation of such high technology park, rentals and similar
18    receipts; and may make its other facilities and services
19    available to tenants or other occupants of any such park at
20    rates which are reasonable and appropriate.
21        13. To borrow money, as necessary, from time to time in
22    anticipation of receiving tuition, payments from the State
23    of Illinois, or other revenues or receipts of the
24    University, also known as anticipated moneys. The
25    borrowing limit shall be capped at 100% of the total amount
26    of payroll and other expense vouchers submitted and payable

 

 

SB0135- 20 -LRB097 06217 NHT 46292 b

1    to the University for fiscal year 2010 expenses, but unpaid
2    by at the State Comptroller's office. Prior to borrowing
3    any funds, the University shall request from the
4    Comptroller's office a verification of the borrowing limit
5    and shall include the estimated date on which such
6    borrowing shall occur. The borrowing limit cap shall be
7    verified by the State Comptroller's office not prior to 45
8    days before any estimated date for executing any promissory
9    note or line of credit established under this item 13. The
10    principal amount borrowed under a promissory note or line
11    of credit shall not exceed 75% of the borrowing limit.
12    Within 15 days after borrowing funds under any promissory
13    note or line of credit established under this item 13, the
14    University shall submit to the Governor's Office of
15    Management and Budget, the Speaker of the House of
16    Representatives, the Minority Leader of the House of
17    Representatives, the President of the Senate, and the
18    Minority Leader of the Senate, an Emergency Short Term Cash
19    Management Plan. The Emergency Short Term Cash Management
20    Plan shall outline the amount borrowed, the terms for
21    repayment, the amount of outstanding State vouchers as
22    verified by the State Comptroller's office, and the
23    University's plan for expenditure of any borrowed funds,
24    including, but not limited to, a detailed plan to meet
25    payroll obligations to include collective bargaining
26    employees, civil service employees, and academic,

 

 

SB0135- 21 -LRB097 06217 NHT 46292 b

1    research, and health care personnel. The establishment of
2    any promissory note or line of credit established under
3    this item 13 must be finalized within 90 days after the
4    effective date of this amendatory Act of the 96th General
5    Assembly. The borrowed moneys shall be applied to the
6    purposes of paying salaries and other expenses lawfully
7    authorized in the University's State appropriation and
8    unpaid by the State Comptroller. Any line of credit
9    established under this item 13 shall be paid in full one
10    year after creation or within 10 days after the date the
11    University receives reimbursement from the State for all
12    submitted fiscal year 2010 vouchers, whichever is earlier.
13    Any promissory note established under this item 13 shall be
14    repaid within one year after issuance of the note. The
15    Chairman, Comptroller, or Treasurer of the Board shall
16    execute a promissory note or similar debt instrument to
17    evidence the indebtedness incurred by the borrowing. In
18    connection with a borrowing, the Board may establish a line
19    of credit with a financial institution, investment bank, or
20    broker/dealer. The obligation to make the payments due
21    under any promissory note or line of credit established
22    under this item 13 shall be a lawful obligation of the
23    University payable from the anticipated moneys. Any
24    borrowing under this item 13 shall not constitute a debt,
25    legal or moral, of the State and shall not be enforceable
26    against the State. The promissory note or line of credit

 

 

SB0135- 22 -LRB097 06217 NHT 46292 b

1    shall be authorized by a resolution passed by the Board and
2    shall be valid whether or not a budgeted item with respect
3    to that resolution is included in any annual or
4    supplemental budget adopted by the Board. The resolution
5    shall set forth facts demonstrating the need for the
6    borrowing, state an amount that the amount to be borrowed
7    will not exceed, and establish a maximum interest rate
8    limit not to exceed the maximum rate authorized by the Bond
9    Authorization Act or 9%, whichever is less. The resolution
10    may direct the Comptroller or Treasurer of the Board to
11    make arrangements to set apart and hold the portion of the
12    anticipated moneys, as received, that shall be used to
13    repay the borrowing, subject to any prior pledges or
14    restrictions with respect to the anticipated moneys. The
15    resolution may also authorize the Treasurer of the Board to
16    make partial repayments of the borrowing as the anticipated
17    moneys become available and may contain any other terms,
18    restrictions, or limitations not inconsistent with the
19    powers of the Board.
20        For the purposes of this item 13, "financial
21    institution" means any bank subject to the Illinois Banking
22    Act, any savings and loan association subject to the
23    Illinois Savings and Loan Act of 1985, and any federally
24    chartered commercial bank or savings and loan association
25    or government-sponsored enterprise organized and operated
26    in this State pursuant to the laws of the United States.

 

 

SB0135- 23 -LRB097 06217 NHT 46292 b

1    The powers of the Board as herein designated are subject to
2the Board of Higher Education Act.
3(Source: P.A. 95-158, eff. 8-14-07; 95-876, eff. 8-21-08;
496-909, eff. 6-8-10; revised 6-15-10.)
 
5    (110 ILCS 520/15)
6    Sec. 15. Limitation on tuition and fee increase.
7    (a) This subsection (a) Section applies only to those
8students who first enroll after the 2003-2004 academic year.
9This subsection (a) does not apply beginning with the 2011-2012
10academic year. For 4 continuous academic years following
11initial enrollment (or for undergraduate programs that require
12more than 4 years to complete, for the normal time to complete
13the program, as determined by the University), the tuition
14charged an undergraduate student who is an Illinois resident
15shall not exceed the amount that the student was charged at the
16time he or she first enrolled in the University. However, if
17the student changes majors during this time period, the tuition
18charged the student shall equal the amount the student would
19have been charged had he or she been admitted to the changed
20major when he or she first enrolled. An undergraduate student
21who is an Illinois resident and who has for 4 continuous
22academic years been charged no more than the tuition amount
23that he or she was charged at the time he or she first enrolled
24in the University shall be charged tuition not to exceed the
25amount the University charged students who first enrolled in

 

 

SB0135- 24 -LRB097 06217 NHT 46292 b

1the University for the academic year following the academic
2year the student first enrolled in the University for a maximum
3of 2 additional continuous academic years.
4    (b) Notwithstanding any other provision of law to the
5contrary, for the 2011-2012 academic year and each academic
6year thereafter, the tuition and fee rates for undergraduate
7and graduate resident and non-resident students must be equal
8to the tuition and fee rates in effect for the 2010-2011
9academic year or such lesser or greater amount as may be
10established by law by the General Assembly.
11(Source: P.A. 96-1293, eff. 7-26-10.)
 
12    Section 15. The Chicago State University Law is amended by
13changing Sections 5-45 and 5-120 as follows:
 
14    (110 ILCS 660/5-45)
15    Sec. 5-45. Powers and duties. The Board also shall have
16power and it shall be its duty:
17    (1) To make rules, regulations and bylaws, not inconsistent
18with law, for the government and management of Chicago State
19University and its branches;
20    (2) To employ, and, for good cause, to remove a President
21of Chicago State University, and all necessary deans,
22professors, associate professors, assistant professors,
23instructors, other educational and administrative assistants,
24and all other necessary employees, and to prescribe their

 

 

SB0135- 25 -LRB097 06217 NHT 46292 b

1duties and contract with them upon matters relating to tenure,
2salaries and retirement benefits in accordance with the State
3Universities Civil Service Act. Whenever the Board establishes
4a search committee to fill the position of President of Chicago
5State University, there shall be minority representation,
6including women, on that search committee. The Board shall,
7upon the written request of an employee of Chicago State
8University, withhold from the compensation of that employee any
9dues, payments or contributions payable by such employee to any
10labor organization as defined in the Illinois Educational Labor
11Relations Act. Under such arrangement, an amount shall be
12withheld from each regular payroll period which is equal to the
13pro rata share of the annual dues plus any payments or
14contributions, and the Board shall transmit such withholdings
15to the specified labor organization within 10 working days from
16the time of the withholding;
17    (3) To prescribe the courses of study to be followed, and
18textbooks and apparatus to be used at Chicago State University;
19    (4) To issue upon the recommendation of the faculty,
20diplomas to such persons as have satisfactorily completed the
21required studies of Chicago State University, and confer such
22professional and literary degrees as are usually conferred by
23other institutions of like character for similar or equivalent
24courses of study, or such as the Board may deem appropriate;
25    (5) To examine into the conditions, management, and
26administration of Chicago State University, to provide the

 

 

SB0135- 26 -LRB097 06217 NHT 46292 b

1requisite buildings, apparatus, equipment and auxiliary
2enterprises, and to fix and collect matriculation fees; tuition
3fees; fees for student activities; fees for student facilities
4such as student union buildings or field houses or stadia or
5other recreational facilities; student welfare fees;
6laboratory fees; and similar fees for supplies and materials.
7The expense of the building, improving, repairing and supplying
8fuel and furniture and the necessary appliances and apparatus
9for conducting Chicago State University, the reimbursed
10expenses of members of the Board, and the salaries or
11compensation of the President, assistants, agents and other
12employees of Chicago State University, shall be a charge upon
13the State Treasury. All other expenses shall be chargeable
14against students, and the Board shall regulate the charges
15accordingly;
16    (6) To succeed to and to administer all trusts, trust
17property, and gifts now or hereafter belonging or pertaining to
18Chicago State University;
19    (7) To accept endowments of professorships or departments
20in Chicago State University from any person who may proffer
21them and, at regular meetings, to prescribe rules and
22regulations in relation to endowments and declare on what
23general principles they may be accepted;
24    (8) To enter into contracts with the Federal government for
25providing courses of instruction and other services at Chicago
26State University for persons serving in or with the military or

 

 

SB0135- 27 -LRB097 06217 NHT 46292 b

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

 

 

SB0135- 28 -LRB097 06217 NHT 46292 b

1State University Police Department and to any other employee of
2Chicago State University exercising the powers of a peace
3officer a distinct badge that, on its face, (i) clearly states
4that the badge is authorized by Chicago State University and
5(ii) contains a unique identifying number on its face. No other
6badge shall be authorized by Chicago State University;
7    (12) The Board may, directly or in cooperation with other
8institutions of higher education, acquire by purchase or lease
9or otherwise, and construct, enlarge, improve, equip,
10complete, operate, control and manage research and high
11technology parks, together with the necessary lands,
12buildings, facilities, equipment, and personal property
13therefor, to encourage and facilitate (i) the location and
14development of business and industry in the State of Illinois,
15and (ii) the increased application and development of
16technology, and (iii) the improvement and development of the
17State's economy. The Board may lease to nonprofit corporations
18all or any part of the land, buildings, facilities, equipment
19or other property included in a research and high technology
20park upon such terms and conditions as the Board may deem
21advisable and enter into any contract or agreement with such
22nonprofit corporations as may be necessary or suitable for the
23construction, financing, operation and maintenance and
24management of any such park; and may lease to any person, firm,
25partnership or corporation, either public or private, any part
26or all of the land, building, facilities, equipment or other

 

 

SB0135- 29 -LRB097 06217 NHT 46292 b

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

 

 

SB0135- 30 -LRB097 06217 NHT 46292 b

1amount borrowed under a promissory note or line of credit shall
2not exceed 75% of the borrowing limit. Within 15 days after
3borrowing funds under any promissory note or line of credit
4established under this item (13), the University shall submit
5to the Governor's Office of Management and Budget, the Speaker
6of the House of Representatives, the Minority Leader of the
7House of Representatives, the President of the Senate, and the
8Minority Leader of the Senate, an Emergency Short Term Cash
9Management Plan. The Emergency Short Term Cash Management Plan
10shall outline the amount borrowed, the terms for repayment, the
11amount of outstanding State vouchers as verified by the State
12Comptroller's office, and the University's plan for
13expenditure of any borrowed funds, including, but not limited
14to, a detailed plan to meet payroll obligations to include
15collective bargaining employees, civil service employees, and
16academic, research, and health care personnel. The
17establishment of any promissory note or line of credit
18established under this item (13) must be finalized within 90
19days after the effective date of this amendatory Act of the
2096th General Assembly. The borrowed moneys shall be applied to
21the purposes of paying salaries and other expenses lawfully
22authorized in the University's State appropriation and unpaid
23by the State Comptroller. Any line of credit established under
24this item (13) shall be paid in full one year after creation or
25within 10 days after the date the University receives
26reimbursement from the State for all submitted fiscal year 2010

 

 

SB0135- 31 -LRB097 06217 NHT 46292 b

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

 

 

SB0135- 32 -LRB097 06217 NHT 46292 b

1restrictions with respect to the anticipated moneys. The
2resolution may also authorize the Treasurer of the Board to
3make partial repayments of the borrowing as the anticipated
4moneys become available and may contain any other terms,
5restrictions, or limitations not inconsistent with the powers
6of the Board.
7    For the purposes of this item (13), "financial institution"
8means any bank subject to the Illinois Banking Act, any savings
9and loan association subject to the Illinois Savings and Loan
10Act of 1985, and any federally chartered commercial bank or
11savings and loan association or government-sponsored
12enterprise organized and operated in this State pursuant to the
13laws of the United States.
14(Source: P.A. 96-909, eff. 6-8-10; revised 6-15-10.)
 
15    (110 ILCS 660/5-120)
16    Sec. 5-120. Limitation on tuition and fee increase.
17    (a) This subsection (a) Section applies only to those
18students who first enroll after the 2003-2004 academic year.
19This subsection (a) does not apply beginning with the 2011-2012
20academic year. For 4 continuous academic years following
21initial enrollment (or for undergraduate programs that require
22more than 4 years to complete, for the normal time to complete
23the program, as determined by the University), the tuition
24charged an undergraduate student who is an Illinois resident
25shall not exceed the amount that the student was charged at the

 

 

SB0135- 33 -LRB097 06217 NHT 46292 b

1time he or she first enrolled in the University. However, if
2the student changes majors during this time period, the tuition
3charged the student shall equal the amount the student would
4have been charged had he or she been admitted to the changed
5major when he or she first enrolled. An undergraduate student
6who is an Illinois resident and who has for 4 continuous
7academic years been charged no more than the tuition amount
8that he or she was charged at the time he or she first enrolled
9in the University shall be charged tuition not to exceed the
10amount the University charged students who first enrolled in
11the University for the academic year following the academic
12year the student first enrolled in the University for a maximum
13of 2 additional continuous academic years.
14    (b) Notwithstanding any other provision of law to the
15contrary, for the 2011-2012 academic year and each academic
16year thereafter, the tuition and fee rates for undergraduate
17and graduate resident and non-resident students must be equal
18to the tuition and fee rates in effect for the 2010-2011
19academic year or such lesser or greater amount as may be
20established by law by the General Assembly.
21(Source: P.A. 96-1293, eff. 7-26-10.)
 
22    Section 20. The Eastern Illinois University Law is amended
23by changing Sections 10-45 and 10-120 as follows:
 
24    (110 ILCS 665/10-45)

 

 

SB0135- 34 -LRB097 06217 NHT 46292 b

1    Sec. 10-45. Powers and duties.
2    (a) The Board also shall have power and it shall be its
3duty:
4        (1) To make rules, regulations and bylaws, not
5    inconsistent with law, for the government and management of
6    Eastern Illinois University and its branches.
7        (2) To employ, and, for good cause, to remove a
8    President of Eastern Illinois University, and all
9    necessary deans, professors, associate professors,
10    assistant professors, instructors, other educational and
11    administrative assistants, and all other necessary
12    employees, and to prescribe their duties and contract with
13    them upon matters relating to tenure, salaries and
14    retirement benefits in accordance with the State
15    Universities Civil Service Act. Whenever the Board
16    establishes a search committee to fill the position of
17    President of Eastern Illinois University, there shall be
18    minority representation, including women, on that search
19    committee. The Board shall, upon the written request of an
20    employee of Eastern Illinois University, withhold from the
21    compensation of that employee any dues, payments or
22    contributions payable by such employee to any labor
23    organization as defined in the Illinois Educational Labor
24    Relations Act. Under such arrangement, an amount shall be
25    withheld from each regular payroll period which is equal to
26    the pro rata share of the annual dues plus any payments or

 

 

SB0135- 35 -LRB097 06217 NHT 46292 b

1    contributions, and the Board shall transmit such
2    withholdings to the specified labor organization within 10
3    working days from the time of the withholding.
4        (3) To prescribe the courses of study to be followed,
5    and textbooks and apparatus to be used at Eastern Illinois
6    University.
7        (4) To issue upon the recommendation of the faculty,
8    diplomas to such persons as have satisfactorily completed
9    the required studies of Eastern Illinois University, and
10    confer such professional and literary degrees as are
11    usually conferred by other institutions of like character
12    for similar or equivalent courses of study, or such as the
13    Board may deem appropriate.
14        (5) To examine into the conditions, management, and
15    administration of Eastern Illinois University, to provide
16    the requisite buildings, apparatus, equipment and
17    auxiliary enterprises, and to fix and collect
18    matriculation fees; tuition fees; fees for student
19    activities; fees for student facilities such as student
20    union buildings or field houses or stadia or other
21    recreational facilities; student welfare fees; laboratory
22    fees; and similar fees for supplies and materials. The
23    expense of the building, improving, repairing and
24    supplying fuel and furniture and the necessary appliances
25    and apparatus for conducting Eastern Illinois University,
26    the reimbursed expenses of members of the Board, and the

 

 

SB0135- 36 -LRB097 06217 NHT 46292 b

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

 

 

SB0135- 37 -LRB097 06217 NHT 46292 b

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

 

 

SB0135- 38 -LRB097 06217 NHT 46292 b

1    State of Illinois, or other revenues or receipts of the
2    University, also known as anticipated moneys. The
3    borrowing limit shall be capped at 100% of the total amount
4    of payroll and other expense vouchers submitted and payable
5    to the University for fiscal year 2010 expenses, but unpaid
6    by at the State Comptroller's office. Prior to borrowing
7    any funds, the University shall request from the
8    Comptroller's office a verification of the borrowing limit
9    and shall include the estimated date on which such
10    borrowing shall occur. The borrowing limit cap shall be
11    verified by the State Comptroller's office not prior to 45
12    days before any estimated date for executing any promissory
13    note or line of credit established under this item (12).
14    The principal amount borrowed under a promissory note or
15    line of credit shall not exceed 75% of the borrowing limit.
16    Within 15 days after borrowing funds under any promissory
17    note or line of credit established under this item (12),
18    the University shall submit to the Governor's Office of
19    Management and Budget, the Speaker of the House of
20    Representatives, the Minority Leader of the House of
21    Representatives, the President of the Senate, and the
22    Minority Leader of the Senate, an Emergency Short Term Cash
23    Management Plan. The Emergency Short Term Cash Management
24    Plan shall outline the amount borrowed, the terms for
25    repayment, the amount of outstanding State vouchers as
26    verified by the State Comptroller's office, and the

 

 

SB0135- 39 -LRB097 06217 NHT 46292 b

1    University's plan for expenditure of any borrowed funds,
2    including, but not limited to, a detailed plan to meet
3    payroll obligations to include collective bargaining
4    employees, civil service employees, and academic,
5    research, and health care personnel. The establishment of
6    any promissory note or line of credit established under
7    this item (12) must be finalized within 90 days after the
8    effective date of this amendatory Act of the 96th General
9    Assembly. The borrowed moneys shall be applied to the
10    purposes of paying salaries and other expenses lawfully
11    authorized in the University's State appropriation and
12    unpaid by the State Comptroller. Any line of credit
13    established under this item (12) shall be paid in full one
14    year after creation or within 10 days after the date the
15    University receives reimbursement from the State for all
16    submitted fiscal year 2010 vouchers, whichever is earlier.
17    Any promissory note established under this item (12) shall
18    be repaid within one year after issuance of the note. The
19    Chairman, Comptroller, or Treasurer of the Board shall
20    execute a promissory note or similar debt instrument to
21    evidence the indebtedness incurred by the borrowing. In
22    connection with a borrowing, the Board may establish a line
23    of credit with a financial institution, investment bank, or
24    broker/dealer. The obligation to make the payments due
25    under any promissory note or line of credit established
26    under this item (12) shall be a lawful obligation of the

 

 

SB0135- 40 -LRB097 06217 NHT 46292 b

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

 

 

SB0135- 41 -LRB097 06217 NHT 46292 b

1    Illinois Savings and Loan Act of 1985, and any federally
2    chartered commercial bank or savings and loan association
3    or government-sponsored enterprise organized and operated
4    in this State pursuant to the laws of the United States.
5    (b) The Board may, directly or in cooperation with other
6institutions of higher education, acquire by purchase or lease
7or otherwise, and construct, enlarge, improve, equip,
8complete, operate, control and manage research and high
9technology parks, together with the necessary lands,
10buildings, facilities, equipment, and personal property
11therefor, to encourage and facilitate (i) the location and
12development of business and industry in the State of Illinois,
13and (ii) the increased application and development of
14technology, and (iii) the improvement and development of the
15State's economy. The Board may lease to nonprofit corporations
16all or any part of the land, buildings, facilities, equipment
17or other property included in a research and high technology
18park upon such terms and conditions as the Board may deem
19advisable and enter into any contract or agreement with such
20nonprofit corporations as may be necessary or suitable for the
21construction, financing, operation and maintenance and
22management of any such park; and may lease to any person, firm,
23partnership or corporation, either public or private, any part
24or all of the land, building, facilities, equipment or other
25property of such park for such purposes and upon such rentals,
26terms and conditions as the Board may deem advisable; and may

 

 

SB0135- 42 -LRB097 06217 NHT 46292 b

1finance all or part of the cost of any such park, including the
2purchase, lease, construction, reconstruction, improvement,
3remodeling, addition to, and extension and maintenance of all
4or part of such high technology park, and all equipment and
5furnishings, by legislative appropriations, government grants,
6contracts, private gifts, loans, receipts from the operation of
7such high technology park, rentals and similar receipts; and
8may make its other facilities and services available to tenants
9or other occupants of any such park at rates which are
10reasonable and appropriate.
11    (c) The Board may sell the following described property
12without compliance with the State Property Control Act and
13retain the proceeds in the University treasury in a special,
14separate development fund account that the Auditor General
15shall examine to assure compliance with this Law:
16    Lots 511 and 512 in Heritage Woods V, Charleston, Coles
17    County, Illinois.
18Revenues from the development fund account may be withdrawn by
19the University for the purpose of upgrading the on-campus
20formal reception facility. Moneys from the development fund
21account used for any other purpose must be deposited into and
22appropriated from the General Revenue Fund.
23(Source: P.A. 96-909, eff. 6-8-10; revised 6-15-10.)
 
24    (110 ILCS 665/10-120)
25    Sec. 10-120. Limitation on tuition and fee increase.

 

 

SB0135- 43 -LRB097 06217 NHT 46292 b

1    (a) This subsection (a) Section applies only to those
2students who first enroll after the 2003-2004 academic year.
3This subsection (a) does not apply beginning with the 2011-2012
4academic year. For 4 continuous academic years following
5initial enrollment (or for undergraduate programs that require
6more than 4 years to complete, for the normal time to complete
7the program, as determined by the University), the tuition
8charged an undergraduate student who is an Illinois resident
9shall not exceed the amount that the student was charged at the
10time he or she first enrolled in the University. However, if
11the student changes majors during this time period, the tuition
12charged the student shall equal the amount the student would
13have been charged had he or she been admitted to the changed
14major when he or she first enrolled. An undergraduate student
15who is an Illinois resident and who has for 4 continuous
16academic years been charged no more than the tuition amount
17that he or she was charged at the time he or she first enrolled
18in the University shall be charged tuition not to exceed the
19amount the University charged students who first enrolled in
20the University for the academic year following the academic
21year the student first enrolled in the University for a maximum
22of 2 additional continuous academic years.
23    (b) Notwithstanding any other provision of law to the
24contrary, for the 2011-2012 academic year and each academic
25year thereafter, the tuition and fee rates for undergraduate
26and graduate resident and non-resident students must be equal

 

 

SB0135- 44 -LRB097 06217 NHT 46292 b

1to the tuition and fee rates in effect for the 2010-2011
2academic year or such lesser or greater amount as may be
3established by law by the General Assembly.
4(Source: P.A. 96-1293, eff. 7-26-10.)
 
5    Section 25. The Governors State University Law is amended
6by changing Sections 15-45 and 15-120 as follows:
 
7    (110 ILCS 670/15-45)
8    Sec. 15-45. Powers and duties. The Board also shall have
9power and it shall be its duty:
10    (1) To make rules, regulations and bylaws, not inconsistent
11with law, for the government and management of Governors State
12University and its branches;
13    (2) To employ, and, for good cause, to remove a President
14of Governors State University, and all necessary deans,
15professors, associate professors, assistant professors,
16instructors, other educational and administrative assistants,
17and all other necessary employees, and to prescribe their
18duties and contract with them upon matters relating to tenure,
19salaries and retirement benefits in accordance with the State
20Universities Civil Service Act. Whenever the Board establishes
21a search committee to fill the position of President of
22Governors State University, there shall be minority
23representation, including women, on that search committee. The
24Board shall, upon the written request of an employee of

 

 

SB0135- 45 -LRB097 06217 NHT 46292 b

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

 

 

SB0135- 46 -LRB097 06217 NHT 46292 b

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

 

 

SB0135- 47 -LRB097 06217 NHT 46292 b

1and private colleges and universities, to governmental
2agencies, and to public or private not-for-profit agencies; and
3to examine the conditions, management, and administration of
4the Cooperative Computer Center;
5    (10) To provide for the receipt and expenditures of Federal
6funds paid to Governors State University by the Federal
7government for instruction and other services for persons
8serving in or with the military or naval forces of the United
9States, and to provide for audits of such funds;
10    (11) To appoint, subject to the applicable civil service
11law, persons to be members of the Governors State University
12Police Department. Members of the Police Department shall be
13conservators of the peace and as such have all powers possessed
14by policemen in cities, and sheriffs, including the power to
15make arrests on view or warrants of violations of State
16statutes, University rules and regulations and city or county
17ordinances, except that they may exercise such powers only
18within counties wherein Governors State University and any of
19its branches or properties are located when such is required
20for the protection of University properties and interests, and
21its students and personnel, and otherwise, within such
22counties, when requested by appropriate State or local law
23enforcement officials. However, such officers shall have no
24power to serve and execute civil processes.
25    The Board must authorize to each member of the Governors
26State University Police Department and to any other employee of

 

 

SB0135- 48 -LRB097 06217 NHT 46292 b

1Governors State University exercising the powers of a peace
2officer a distinct badge that, on its face, (i) clearly states
3that the badge is authorized by Governors State University and
4(ii) contains a unique identifying number. No other badge shall
5be authorized by Governors State University;
6    (12) The Board may, directly or in cooperation with other
7institutions of higher education, acquire by purchase or lease
8or otherwise, and construct, enlarge, improve, equip,
9complete, operate, control and manage research and high
10technology parks, together with the necessary lands,
11buildings, facilities, equipment, and personal property
12therefor, to encourage and facilitate (i) the location and
13development of business and industry in the State of Illinois,
14and (ii) the increased application and development of
15technology, and (iii) the improvement and development of the
16State's economy. The Board may lease to nonprofit corporations
17all or any part of the land, buildings, facilities, equipment
18or other property included in a research and high technology
19park upon such terms and conditions as the Board may deem
20advisable and enter into any contract or agreement with such
21nonprofit corporations as may be necessary or suitable for the
22construction, financing, operation and maintenance and
23management of any such park; and may lease to any person, firm,
24partnership or corporation, either public or private, any part
25or all of the land, building, facilities, equipment or other
26property of such park for such purposes and upon such rentals,

 

 

SB0135- 49 -LRB097 06217 NHT 46292 b

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

 

 

SB0135- 50 -LRB097 06217 NHT 46292 b

1not exceed 75% of the borrowing limit. Within 15 days after
2borrowing funds under any promissory note or line of credit
3established under this item (13), the University shall submit
4to the Governor's Office of Management and Budget, the Speaker
5of the House of Representatives, the Minority Leader of the
6House of Representatives, the President of the Senate, and the
7Minority Leader of the Senate, an Emergency Short Term Cash
8Management Plan. The Emergency Short Term Cash Management Plan
9shall outline the amount borrowed, the terms for repayment, the
10amount of outstanding State vouchers as verified by the State
11Comptroller's office, and the University's plan for
12expenditure of any borrowed funds, including, but not limited
13to, a detailed plan to meet payroll obligations for all
14collective bargaining employees, civil service employees, and
15academic, research, and health care personnel. The
16establishment of any promissory note or line of credit
17established under this item (13) must be finalized within 90
18days after the effective date of this amendatory Act of the
1996th General Assembly. The borrowed moneys shall be applied to
20the purposes of paying salaries and other expenses lawfully
21authorized in the University's State appropriation and unpaid
22by the State Comptroller. Any line of credit established under
23this item (13) shall be paid in full one year after creation or
24on such date as the University receives reimbursement from the
25State for all submitted fiscal year 2010 vouchers, whichever is
26earlier. Any promissory note established under this item (13)

 

 

SB0135- 51 -LRB097 06217 NHT 46292 b

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

 

 

SB0135- 52 -LRB097 06217 NHT 46292 b

1make partial repayments of the borrowing as the anticipated
2moneys become available and may contain any other terms,
3restrictions, or limitations not inconsistent with the powers
4of the Board.
5    For the purposes of this item (13), "financial institution"
6means any bank subject to the Illinois Banking Act, any savings
7and loan association subject to the Illinois Savings and Loan
8Act of 1985, and any federally chartered commercial bank or
9savings and loan association or government-sponsored
10enterprise organized and operated in this State pursuant to the
11laws of the United States.
12(Source: P.A. 96-909, eff. 6-8-10; revised 6-15-10.)
 
13    (110 ILCS 670/15-120)
14    Sec. 15-120. Limitation on tuition and fee increase.
15    (a) This subsection (a) Section applies only to those
16students who first enroll after the 2003-2004 academic year.
17This subsection (a) does not apply beginning with the 2011-2012
18academic year. For 4 continuous academic years following
19initial enrollment (or for undergraduate programs that require
20more than 4 years to complete, for the normal time to complete
21the program, as determined by the University), the tuition
22charged an undergraduate student who is an Illinois resident
23shall not exceed the amount that the student was charged at the
24time he or she first enrolled in the University. However, if
25the student changes majors during this time period, the tuition

 

 

SB0135- 53 -LRB097 06217 NHT 46292 b

1charged the student shall equal the amount the student would
2have been charged had he or she been admitted to the changed
3major when he or she first enrolled. An undergraduate student
4who is an Illinois resident and who has for 4 continuous
5academic years been charged no more than the tuition amount
6that he or she was charged at the time he or she first enrolled
7in the University shall be charged tuition not to exceed the
8amount the University charged students who first enrolled in
9the University for the academic year following the academic
10year the student first enrolled in the University for a maximum
11of 2 additional continuous academic years.
12    (b) Notwithstanding any other provision of law to the
13contrary, for the 2011-2012 academic year and each academic
14year thereafter, the tuition and fee rates for undergraduate
15and graduate resident and non-resident students must be equal
16to the tuition and fee rates in effect for the 2010-2011
17academic year or such lesser or greater amount as may be
18established by law by the General Assembly.
19(Source: P.A. 96-1293, eff. 7-26-10.)
 
20    Section 30. The Illinois State University Law is amended by
21changing Sections 20-45 and 20-125 as follows:
 
22    (110 ILCS 675/20-45)
23    Sec. 20-45. Powers and duties. The Board also shall have
24power and it shall be its duty:

 

 

SB0135- 54 -LRB097 06217 NHT 46292 b

1    (1) To make rules, regulations and bylaws, not inconsistent
2with law, for the government and management of Illinois State
3University and its branches;
4    (2) To employ, and, for good cause, to remove a President
5of Illinois State University, and all necessary deans,
6professors, associate professors, assistant professors,
7instructors, other educational and administrative assistants,
8and all other necessary employees, and to prescribe their
9duties and contract with them upon matters relating to tenure,
10salaries and retirement benefits in accordance with the State
11Universities Civil Service Act. Whenever the Board establishes
12a search committee to fill the position of President of
13Illinois State University, there shall be minority
14representation, including women, on that search committee. The
15Board shall, upon the written request of an employee of
16Illinois State University, withhold from the compensation of
17that employee any dues, payments or contributions payable by
18such employee to any labor organization as defined in the
19Illinois Educational Labor Relations Act. Under such
20arrangement, an amount shall be withheld from each regular
21payroll period which is equal to the pro rata share of the
22annual dues plus any payments or contributions, and the Board
23shall transmit such withholdings to the specified labor
24organization within 10 working days from the time of the
25withholding;
26    (3) To prescribe the courses of study to be followed, and

 

 

SB0135- 55 -LRB097 06217 NHT 46292 b

1textbooks and apparatus to be used at Illinois State
2University;
3    (4) To issue upon the recommendation of the faculty,
4diplomas to such persons as have satisfactorily completed the
5required studies of Illinois State University, and confer such
6professional and literary degrees as are usually conferred by
7other institutions of like character for similar or equivalent
8courses of study, or such as the Board may deem appropriate;
9    (5) To examine into the conditions, management, and
10administration of Illinois State University, to provide the
11requisite buildings, apparatus, equipment and auxiliary
12enterprises, and to fix and collect matriculation fees; tuition
13fees; fees for student activities; fees for student facilities
14such as student union buildings or field houses or stadia or
15other recreational facilities; student welfare fees;
16laboratory fees; and similar fees for supplies and materials.
17The expense of the building, improving, repairing and supplying
18fuel and furniture and the necessary appliances and apparatus
19for conducting Illinois State University, the reimbursed
20expenses of members of the Board, and the salaries or
21compensation of the President, assistants, agents and other
22employees of Illinois State University, shall be a charge upon
23the State Treasury. All other expenses shall be chargeable
24against students, and the Board shall regulate the charges
25accordingly;
26    (6) To succeed to and to administer all trusts, trust

 

 

SB0135- 56 -LRB097 06217 NHT 46292 b

1property, and gifts now or hereafter belonging or pertaining to
2Illinois State University;
3    (7) To accept endowments of professorships or departments
4in Illinois State University from any person who may proffer
5them and, at regular meetings, to prescribe rules and
6regulations in relation to endowments and declare on what
7general principles they may be accepted;
8    (8) To enter into contracts with the Federal government for
9providing courses of instruction and other services at Illinois
10State University for persons serving in or with the military or
11naval forces of the United States, and to provide such courses
12of instruction and other services;
13    (9) To contract with respect to the Cooperative Computer
14Center to obtain services related to electronic data
15processing;
16    (10) To provide for the receipt and expenditures of Federal
17funds paid to Illinois State University by the Federal
18government for instruction and other services for persons
19serving in or with the military or naval forces of the United
20States, and to provide for audits of such funds;
21    (11) To appoint, subject to the applicable civil service
22law, persons to be members of the Illinois State University
23Police Department. Members of the Police Department shall be
24conservators of the peace and as such have all powers possessed
25by policemen in cities, and sheriffs, including the power to
26make arrests on view or warrants of violations of State

 

 

SB0135- 57 -LRB097 06217 NHT 46292 b

1statutes, University rules and regulations and city or county
2ordinances, except that they may exercise such powers only
3within counties wherein Illinois State University and any of
4its branches or properties are located when such is required
5for the protection of University properties and interests, and
6its students and personnel, and otherwise, within such
7counties, when requested by appropriate State or local law
8enforcement officials. However, such officers shall have no
9power to serve and execute civil processes.
10    The Board must authorize to each member of the Illinois
11State University Police Department and to any other employee of
12Illinois State University exercising the powers of a peace
13officer a distinct badge that, on its face, (i) clearly states
14that the badge is authorized by Illinois State University and
15(ii) contains a unique identifying number. No other badge shall
16be authorized by Illinois State University;
17    (12) The Board may, directly or in cooperation with other
18institutions of higher education, acquire by purchase or lease
19or otherwise, and construct, enlarge, improve, equip,
20complete, operate, control and manage research and high
21technology parks, together with the necessary lands,
22buildings, facilities, equipment, and personal property
23therefor, to encourage and facilitate (i) the location and
24development of business and industry in the State of Illinois,
25and (ii) the increased application and development of
26technology, and (iii) the improvement and development of the

 

 

SB0135- 58 -LRB097 06217 NHT 46292 b

1State's economy. The Board may lease to nonprofit corporations
2all or any part of the land, buildings, facilities, equipment
3or other property included in a research and high technology
4park upon such terms and conditions as the Board may deem
5advisable and enter into any contract or agreement with such
6nonprofit corporations as may be necessary or suitable for the
7construction, financing, operation and maintenance and
8management of any such park; and may lease to any person, firm,
9partnership or corporation, either public or private, any part
10or all of the land, building, facilities, equipment or other
11property of such park for such purposes and upon such rentals,
12terms and conditions as the Board may deem advisable; and may
13finance all or part of the cost of any such park, including the
14purchase, lease, construction, reconstruction, improvement,
15remodeling, addition to, and extension and maintenance of all
16or part of such high technology park, and all equipment and
17furnishings, by legislative appropriations, government grants,
18contracts, private gifts, loans, receipts from the operation of
19such high technology park, rentals and similar receipts; and
20may make its other facilities and services available to tenants
21or other occupants of any such park at rates which are
22reasonable and appropriate;
23    (13) To assist in the provision of lands, buildings, and
24facilities that are supportive of university purposes and
25suitable and appropriate for the conduct and operation of the
26university's education programs, the Board of Trustees of

 

 

SB0135- 59 -LRB097 06217 NHT 46292 b

1Illinois State University may exercise the powers specified in
2subparagraphs (a), (b), and (c) of this paragraph (13) with
3regard to the following described property located near the
4Normal, Illinois campus of Illinois State University:
5    Parcel 1: Approximately 300 acres that form a part of the
6    Illinois State University Farm in Section 20, Township 24
7    North, Range 2 East of the Third Principal Meridian in
8    McLean County, Illinois.
9    Parcels 2 and 3: Lands located in the Northeast Quadrant of
10    the City of Normal in McLean County, Illinois, one such
11    parcel consisting of approximately 150 acres located north
12    and east of the old Illinois Soldiers and Sailors
13    Children's School campus, and another such parcel, located
14    in the Northeast Quadrant of the old Soldiers and Sailors
15    Children's School Campus, consisting of approximately
16    1.03.
17        (a) The Board of Trustees may sell, lease, or otherwise
18    transfer and convey all or part of the above described
19    parcels of real estate, together with the improvements
20    situated thereon, to a bona fide purchaser for value,
21    without compliance with the State Property Control Act and
22    on such terms as the Board of Trustees shall determine are
23    in the best interests of Illinois State University and
24    consistent with its objects and purposes.
25        (b) The Board of Trustees may retain the proceeds from
26    the sale, lease, or other transfer of all or any part of

 

 

SB0135- 60 -LRB097 06217 NHT 46292 b

1    the above described parcels of real estate in the
2    University treasury, in a special, separate development
3    fund account that the Auditor General shall examine to
4    assure the use or deposit of those proceeds in a manner
5    consistent with the provisions of subparagraph (c) of this
6    paragraph (13).
7        (c) Moneys from the development fund account may be
8    used by the Board of Trustees of Illinois State University
9    to acquire and develop other land to achieve the same
10    purposes for which the parcels of real estate described in
11    this item (13), all or a part of which have been sold,
12    leased, or otherwise transferred and conveyed, were used
13    and for the purpose of demolition and the processes
14    associated with demolition on the acquired land. Moneys
15    from the development fund account used for any other
16    purpose must be deposited into and appropriated from the
17    General Revenue Fund. Buildings or facilities leased to an
18    entity or person other than the University shall not be
19    subject to any limitations applicable to a State-supported
20    college or university under any law. All development on the
21    land and all the use of any buildings or facilities shall
22    be subject to the control and approval of the Board of
23    Trustees of Illinois State University;
24    (14) To borrow money, as necessary, from time to time in
25anticipation of receiving tuition, payments from the State of
26Illinois, or other revenues or receipts of the University, also

 

 

SB0135- 61 -LRB097 06217 NHT 46292 b

1known as anticipated moneys. The borrowing limit shall be
2capped at 100% of the total amount of payroll and other expense
3vouchers submitted and payable to the University for fiscal
4year 2010 expenses, but unpaid by at the State Comptroller's
5office. Prior to borrowing any funds, the University shall
6request from the Comptroller's office a verification of the
7borrowing limit and shall include the estimated date on which
8such borrowing shall occur. The borrowing limit cap shall be
9verified by the State Comptroller's office not prior to 45 days
10before any estimated date for executing any promissory note or
11line of credit established under this item (14). The principal
12amount borrowed under a promissory note or line of credit shall
13not exceed 75% of the borrowing limit. Within 15 days after
14borrowing funds under any promissory note or line of credit
15established under this item (14), the University shall submit
16to the Governor's Office of Management and Budget, the Speaker
17of the House of Representatives, the Minority Leader of the
18House of Representatives, the President of the Senate, and the
19Minority Leader of the Senate, an Emergency Short Term Cash
20Management Plan. The Emergency Short Term Cash Management Plan
21shall outline the amount borrowed, the terms for repayment, the
22amount of outstanding State vouchers as verified by the State
23Comptroller's office, and the University's plan for
24expenditure of any borrowed funds, including, but not limited
25to, a detailed plan to meet payroll obligations to include
26collective bargaining employees, civil service employees, and

 

 

SB0135- 62 -LRB097 06217 NHT 46292 b

1academic, research, and health care personnel. The
2establishment of any promissory note or line of credit
3established under this item (14) must be finalized within 90
4days after the effective date of this amendatory Act of the
596th General Assembly. The borrowed moneys shall be applied to
6the purposes of paying salaries and other expenses lawfully
7authorized in the University's State appropriation and unpaid
8by the State Comptroller. Any line of credit established under
9this item (14) shall be paid in full one year after creation or
10within 10 days after the date the University receives
11reimbursement from the State for all submitted fiscal year 2010
12vouchers, whichever is earlier. Any promissory note
13established under this item (14) shall be repaid within one
14year after issuance of the note. The Chairman, Comptroller, or
15Treasurer of the Board shall execute a promissory note or
16similar debt instrument to evidence the indebtedness incurred
17by the borrowing. In connection with a borrowing, the Board may
18establish a line of credit with a financial institution,
19investment bank, or broker/dealer. The obligation to make the
20payments due under any promissory note or line of credit
21established under this item (14) shall be a lawful obligation
22of the University payable from the anticipated moneys. Any
23borrowing under this item (14) shall not constitute a debt,
24legal or moral, of the State and shall not be enforceable
25against the State. The promissory note or line of credit shall
26be authorized by a resolution passed by the Board and shall be

 

 

SB0135- 63 -LRB097 06217 NHT 46292 b

1valid whether or not a budgeted item with respect to that
2resolution is included in any annual or supplemental budget
3adopted by the Board. The resolution shall set forth facts
4demonstrating the need for the borrowing, state an amount that
5the amount to be borrowed will not exceed, and establish a
6maximum interest rate limit not to exceed the maximum rate
7authorized by the Bond Authorization Act or 9%, whichever is
8less. The resolution may direct the Comptroller or Treasurer of
9the Board to make arrangements to set apart and hold the
10portion of the anticipated moneys, as received, that shall be
11used to repay the borrowing, subject to any prior pledges or
12restrictions with respect to the anticipated moneys. The
13resolution may also authorize the Treasurer of the Board to
14make partial repayments of the borrowing as the anticipated
15moneys become available and may contain any other terms,
16restrictions, or limitations not inconsistent with the powers
17of the Board.
18    For the purposes of this item (14), "financial institution"
19means any bank subject to the Illinois Banking Act, any savings
20and loan association subject to the Illinois Savings and Loan
21Act of 1985, and any federally chartered commercial bank or
22savings and loan association or government-sponsored
23enterprise organized and operated in this State pursuant to the
24laws of the United States.
25(Source: P.A. 96-909, eff. 6-8-10; revised 6-15-10.)
 

 

 

SB0135- 64 -LRB097 06217 NHT 46292 b

1    (110 ILCS 675/20-125)
2    Sec. 20-125. Limitation on tuition and fee increase.
3    (a) This subsection (a) Section applies only to those
4students who first enroll after the 2003-2004 academic year.
5This subsection (a) does not apply beginning with the 2011-2012
6academic year. For 4 continuous academic years following
7initial enrollment (or for undergraduate programs that require
8more than 4 years to complete, for the normal time to complete
9the program, as determined by the University), the tuition
10charged an undergraduate student who is an Illinois resident
11shall not exceed the amount that the student was charged at the
12time he or she first enrolled in the University. However, if
13the student changes majors during this time period, the tuition
14charged the student shall equal the amount the student would
15have been charged had he or she been admitted to the changed
16major when he or she first enrolled. An undergraduate student
17who is an Illinois resident and who has for 4 continuous
18academic years been charged no more than the tuition amount
19that he or she was charged at the time he or she first enrolled
20in the University shall be charged tuition not to exceed the
21amount the University charged students who first enrolled in
22the University for the academic year following the academic
23year the student first enrolled in the University for a maximum
24of 2 additional continuous academic years.
25    (b) Notwithstanding any other provision of law to the
26contrary, for the 2011-2012 academic year and each academic

 

 

SB0135- 65 -LRB097 06217 NHT 46292 b

1year thereafter, the tuition and fee rates for undergraduate
2and graduate resident and non-resident students must be equal
3to the tuition and fee rates in effect for the 2010-2011
4academic year or such lesser or greater amount as may be
5established by law by the General Assembly.
6(Source: P.A. 96-1293, eff. 7-26-10.)
 
7    Section 35. The Northeastern Illinois University Law is
8amended by changing Sections 25-45 and 25-120 as follows:
 
9    (110 ILCS 680/25-45)
10    Sec. 25-45. Powers and duties. The Board also shall have
11power and it shall be its duty:
12    (1) To make rules, regulations and bylaws, not inconsistent
13with law, for the government and management of Northeastern
14Illinois University and its branches;
15    (2) To employ, and, for good cause, to remove a President
16of Northeastern Illinois University, and all necessary deans,
17professors, associate professors, assistant professors,
18instructors, other educational and administrative assistants,
19and all other necessary employees, and to prescribe their
20duties and contract with them upon matters relating to tenure,
21salaries and retirement benefits in accordance with the State
22Universities Civil Service Act. Whenever the Board establishes
23a search committee to fill the position of President of
24Northeastern Illinois University, there shall be minority

 

 

SB0135- 66 -LRB097 06217 NHT 46292 b

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

 

 

SB0135- 67 -LRB097 06217 NHT 46292 b

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

 

 

SB0135- 68 -LRB097 06217 NHT 46292 b

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

 

 

SB0135- 69 -LRB097 06217 NHT 46292 b

1peace officer a distinct badge that, on its face, (i) clearly
2states that the badge is authorized by Northeastern Illinois
3University and (ii) contains a unique identifying number. No
4other badge shall be authorized by Northeastern Illinois
5University;
6    (12) The Board may, directly or in cooperation with other
7institutions of higher education, acquire by purchase or lease
8or otherwise, and construct, enlarge, improve, equip,
9complete, operate, control and manage research and high
10technology parks, together with the necessary lands,
11buildings, facilities, equipment, and personal property
12therefor, to encourage and facilitate (i) the location and
13development of business and industry in the State of Illinois,
14and (ii) the increased application and development of
15technology, and (iii) the improvement and development of the
16State's economy. The Board may lease to nonprofit corporations
17all or any part of the land, buildings, facilities, equipment
18or other property included in a research and high technology
19park upon such terms and conditions as the Board may deem
20advisable and enter into any contract or agreement with such
21nonprofit corporations as may be necessary or suitable for the
22construction, financing, operation and maintenance and
23management of any such park; and may lease to any person, firm,
24partnership or corporation, either public or private, any part
25or all of the land, building, facilities, equipment or other
26property of such park for such purposes and upon such rentals,

 

 

SB0135- 70 -LRB097 06217 NHT 46292 b

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

 

 

SB0135- 71 -LRB097 06217 NHT 46292 b

1not exceed 75% of the borrowing limit. Within 15 days after
2borrowing funds under any promissory note or line of credit
3established under this item (13), the University shall submit
4to the Governor's Office of Management and Budget, the Speaker
5of the House of Representatives, the Minority Leader of the
6House of Representatives, the President of the Senate, and the
7Minority Leader of the Senate, an Emergency Short Term Cash
8Management Plan. The Emergency Short Term Cash Management Plan
9shall outline the amount borrowed, the terms for repayment, the
10amount of outstanding State vouchers as verified by the State
11Comptroller's office, and the University's plan for
12expenditure of any borrowed funds, including, but not limited
13to, a detailed plan to meet payroll obligations to include
14collective bargaining employees, civil service employees, and
15academic, research, and health care personnel. The
16establishment of any promissory note or line of credit
17established under this item (13) must be finalized within 90
18days after the effective date of this amendatory Act of the
1996th General Assembly. The borrowed moneys shall be applied to
20the purposes of paying salaries and other expenses lawfully
21authorized in the University's State appropriation and unpaid
22by the State Comptroller. Any line of credit established under
23this item (13) shall be paid in full one year after creation or
24within 10 days after the date the University receives
25reimbursement from the State for all submitted fiscal year 2010
26vouchers, whichever is earlier. Any promissory note

 

 

SB0135- 72 -LRB097 06217 NHT 46292 b

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

 

 

SB0135- 73 -LRB097 06217 NHT 46292 b

1resolution may also authorize the Treasurer of the Board to
2make partial repayments of the borrowing as the anticipated
3moneys become available and may contain any other terms,
4restrictions, or limitations not inconsistent with the powers
5of the Board.
6    For the purposes of this item (13), "financial institution"
7means any bank subject to the Illinois Banking Act, any savings
8and loan association subject to the Illinois Savings and Loan
9Act of 1985, and any federally chartered commercial bank or
10savings and loan association or government-sponsored
11enterprise organized and operated in this State pursuant to the
12laws of the United States.
13(Source: P.A. 96-909, eff. 6-8-10; revised 6-15-10.)
 
14    (110 ILCS 680/25-120)
15    Sec. 25-120. Limitation on tuition and fee increase.
16    (a) This subsection (a) Section applies only to those
17students who first enroll after the 2003-2004 academic year.
18This subsection (a) does not apply beginning with the 2011-2012
19academic year. For 4 continuous academic years following
20initial enrollment (or for undergraduate programs that require
21more than 4 years to complete, for the normal time to complete
22the program, as determined by the University), the tuition
23charged an undergraduate student who is an Illinois resident
24shall not exceed the amount that the student was charged at the
25time he or she first enrolled in the University. However, if

 

 

SB0135- 74 -LRB097 06217 NHT 46292 b

1the student changes majors during this time period, the tuition
2charged the student shall equal the amount the student would
3have been charged had he or she been admitted to the changed
4major when he or she first enrolled. An undergraduate student
5who is an Illinois resident and who has for 4 continuous
6academic years been charged no more than the tuition amount
7that he or she was charged at the time he or she first enrolled
8in the University shall be charged tuition not to exceed the
9amount the University charged students who first enrolled in
10the University for the academic year following the academic
11year the student first enrolled in the University for a maximum
12of 2 additional continuous academic years.
13    (b) Notwithstanding any other provision of law to the
14contrary, for the 2011-2012 academic year and each academic
15year thereafter, the tuition and fee rates for undergraduate
16and graduate resident and non-resident students must be equal
17to the tuition and fee rates in effect for the 2010-2011
18academic year or such lesser or greater amount as may be
19established by law by the General Assembly.
20(Source: P.A. 96-1293, eff. 7-26-10.)
 
21    Section 40. The Northern Illinois University Law is amended
22by changing Sections 30-45 and 30-130 as follows:
 
23    (110 ILCS 685/30-45)
24    Sec. 30-45. Powers and duties. The Board also shall have

 

 

SB0135- 75 -LRB097 06217 NHT 46292 b

1power and it shall be its duty:
2    (1) To make rules, regulations and bylaws, not inconsistent
3with law, for the government and management of Northern
4Illinois University and its branches. ;
5    (2) To employ, and, for good cause, to remove a President
6of Northern Illinois University, and all necessary deans,
7professors, associate professors, assistant professors,
8instructors, other educational and administrative assistants,
9and all other necessary employees, and to prescribe their
10duties and contract with them upon matters relating to tenure,
11salaries and retirement benefits in accordance with the State
12Universities Civil Service Act. Whenever the Board establishes
13a search committee to fill the position of President of
14Northern Illinois University, there shall be minority
15representation, including women, on that search committee. The
16Board shall, upon the written request of an employee of
17Northern Illinois University, withhold from the compensation
18of that employee any dues, payments or contributions payable by
19such employee to any labor organization as defined in the
20Illinois Educational Labor Relations Act. Under such
21arrangement, an amount shall be withheld from each regular
22payroll period which is equal to the pro rata share of the
23annual dues plus any payments or contributions, and the Board
24shall transmit such withholdings to the specified labor
25organization within 10 working days from the time of the
26withholding. ;

 

 

SB0135- 76 -LRB097 06217 NHT 46292 b

1    (3) To prescribe the courses of study to be followed, and
2textbooks and apparatus to be used at Northern Illinois
3University. ;
4    (4) To issue upon the recommendation of the faculty,
5diplomas to such persons as have satisfactorily completed the
6required studies of Northern Illinois University, and confer
7such professional and literary degrees as are usually conferred
8by other institutions of like character for similar or
9equivalent courses of study, or such as the Board may deem
10appropriate. ;
11    (5) To examine into the conditions, management, and
12administration of Northern Illinois University, to provide the
13requisite buildings, apparatus, equipment and auxiliary
14enterprises, and to fix and collect matriculation fees; tuition
15fees; fees for student activities; fees for student facilities
16such as student union buildings or field houses or stadia or
17other recreational facilities; student welfare fees;
18laboratory fees; and similar fees for supplies and materials.
19The expense of the building, improving, repairing and supplying
20fuel and furniture and the necessary appliances and apparatus
21for conducting Northern Illinois University, the reimbursed
22expenses of members of the Board, and the salaries or
23compensation of the President, assistants, agents and other
24employees of Northern Illinois University, shall be a charge
25upon the State Treasury. All other expenses shall be chargeable
26against students, and the Board shall regulate the charges

 

 

SB0135- 77 -LRB097 06217 NHT 46292 b

1accordingly. ;
2    (6) To succeed to and to administer all trusts, trust
3property, and gifts now or hereafter belonging or pertaining to
4Northern Illinois University. ;
5    (7) To accept endowments of professorships or departments
6in Northern Illinois University from any person who may proffer
7them and, at regular meetings, to prescribe rules and
8regulations in relation to endowments and declare on what
9general principles they may be accepted. ;
10    (8) To enter into contracts with the Federal government for
11providing courses of instruction and other services at Northern
12Illinois University for persons serving in or with the military
13or naval forces of the United States, and to provide such
14courses of instruction and other services. ;
15    (9) To contract with respect to the Cooperative Computer
16Center to obtain services related to electronic data
17processing. ;
18    (10) To provide for the receipt and expenditures of Federal
19funds paid to Northern Illinois University by the Federal
20government for instruction and other services for persons
21serving in or with the military or naval forces of the United
22States, and to provide for audits of such funds. ;
23    (11) To appoint, subject to the applicable civil service
24law, persons to be members of the Northern Illinois University
25Police Department. Members of the Police Department shall be
26conservators of the peace and as such have all powers possessed

 

 

SB0135- 78 -LRB097 06217 NHT 46292 b

1by policemen in cities, and sheriffs, including the power to
2make arrests on view or warrants of violations of State
3statutes, University rules and regulations and city or county
4ordinances, except that they may exercise such powers only
5within counties wherein Northern Illinois University and any of
6its branches or properties are located when such is required
7for the protection of University properties and interests, and
8its students and personnel, and otherwise, within such
9counties, when requested by appropriate State or local law
10enforcement officials. However, such officers shall have no
11power to serve and execute civil processes.
12    The Board must authorize to each member of the Northern
13Illinois University Police Department and to any other employee
14of Northern Illinois University exercising the powers of a
15peace officer a distinct badge that, on its face, (i) clearly
16states that the badge is authorized by Northern Illinois
17University and (ii) contains a unique identifying number. No
18other badge shall be authorized by Northern Illinois
19University. ;
20    (12) The Board may, directly or in cooperation with other
21institutions of higher education, acquire by purchase or lease
22or otherwise, and construct, enlarge, improve, equip,
23complete, operate, control and manage research and high
24technology parks, together with the necessary lands,
25buildings, facilities, equipment, and personal property
26therefor, to encourage and facilitate (i) the location and

 

 

SB0135- 79 -LRB097 06217 NHT 46292 b

1development of business and industry in the State of Illinois,
2and (ii) the increased application and development of
3technology, and (iii) the improvement and development of the
4State's economy. The Board may lease to nonprofit corporations
5all or any part of the land, buildings, facilities, equipment
6or other property included in a research and high technology
7park upon such terms and conditions as the Board may deem
8advisable and enter into any contract or agreement with such
9nonprofit corporations as may be necessary or suitable for the
10construction, financing, operation and maintenance and
11management of any such park; and may lease to any person, firm,
12partnership or corporation, either public or private, any part
13or all of the land, building, facilities, equipment or other
14property of such park for such purposes and upon such rentals,
15terms and conditions as the Board may deem advisable; and may
16finance all or part of the cost of any such park, including the
17purchase, lease, construction, reconstruction, improvement,
18remodeling, addition to, and extension and maintenance of all
19or part of such high technology park, and all equipment and
20furnishings, by legislative appropriations, government grants,
21contracts, private gifts, loans, receipts from the operation of
22such high technology park, rentals and similar receipts; and
23may make its other facilities and services available to tenants
24or other occupants of any such park at rates which are
25reasonable and appropriate.
26    (13) To assist in the provision of buildings and facilities

 

 

SB0135- 80 -LRB097 06217 NHT 46292 b

1beneficial to, useful for, or supportive of university
2purposes, the Board of Trustees of Northern Illinois University
3may exercise the following powers with regard to the area
4located on or adjacent to the Northern Illinois University
5DeKalb campus and bounded as follows:
6Parcel 1:
7    In Township 40 North, Range 4 East, of the Third Prime
8    Meridian, County of DeKalb, State of Illinois: The East
9    half of the Southeast Quarter of Section 17, the Southwest
10    Quarter of Section 16, and the Northwest Quarter of Section
11    21, all in the County of DeKalb, Illinois.
12Parcel 2:
13    In Township 40 North, Range 4 East, of the Third Prime
14    Meridian, County of DeKalb, State of Illinois: On the
15    North, by a line beginning at the Northwest corner of the
16    Southeast Quarter of Section 15; thence East 1,903.3 feet;
17    thence South to the North line of the Southeast Quarter of
18    the Southeast Quarter of Section 15; thence East along said
19    line to North First Street; on the West by Garden Road
20    between Lucinda Avenue and the North boundary; thence on
21    the South by Lucinda Avenue between Garden Road and the
22    intersection of Lucinda Avenue and the South Branch of the
23    Kishwaukee River, and by the South Branch of the Kishwaukee
24    River between such intersection and easterly to the
25    intersection of such river and North First Street; thence
26    on the East by North First Street.

 

 

SB0135- 81 -LRB097 06217 NHT 46292 b

1        (a) Acquire any interests in land, buildings, or
2    facilities by purchase, including installments payable
3    over a period allowed by law, by lease over a term of such
4    duration as the Board of Trustees shall determine, or by
5    exercise of the power of eminent domain;
6        (b) Sublease or contract to purchase through
7    installments all or any portion of buildings or facilities
8    for such duration and on such terms as the Board of
9    Trustees shall determine, including a term that exceeds 5
10    years, provided that each such lease or purchase contract
11    shall be and shall recite that it is subject to termination
12    and cancellation in any year for which the General Assembly
13    fails to make an appropriation to pay the rent or purchase
14    installments payable under the terms of such lease or
15    purchase contracts; and
16        (c) Sell property without compliance with the State
17    Property Control Act and retain proceeds in the University
18    treasury in a special, separate development fund account
19    which the Auditor General shall examine to assure
20    compliance with this Act.
21    Any buildings or facilities to be developed on the land
22shall be buildings or facilities that, in the determination of
23the Board of Trustees, in whole or in part: (i) are for use by
24the University; or (ii) otherwise advance the interests of the
25University, including, by way of example, residential,
26recreational, educational, and athletic facilities for

 

 

SB0135- 82 -LRB097 06217 NHT 46292 b

1University staff and students and commercial facilities which
2provide services needed by the University community. Revenues
3from the development fund account may be withdrawn by the
4University for the purpose of demolition and the processes
5associated with demolition; routine land and property
6acquisition; extension of utilities; streetscape work;
7landscape work; surface and structure parking; sidewalks,
8recreational paths, and street construction; and lease and
9lease purchase arrangements and the professional services
10associated with the planning and development of the area.
11Moneys from the development fund account used for any other
12purpose must be deposited into and appropriated from the
13General Revenue Fund. Buildings or facilities leased to an
14entity or person other than the University shall not be subject
15to any limitations applicable to a State-supported college or
16university under any law. All development on the land and all
17the use of any buildings or facilities shall be subject to the
18control and approval of the Board of Trustees of Northern
19Illinois University.
20    (14) To borrow money, as necessary, from time to time in
21anticipation of receiving tuition, payments from the State of
22Illinois, or other revenues or receipts of the University, also
23known as anticipated moneys. The borrowing limit shall be
24capped at 100% of the total amount of payroll and other expense
25vouchers submitted and payable to the University for fiscal
26year 2010 expenses, but unpaid by at the State Comptroller's

 

 

SB0135- 83 -LRB097 06217 NHT 46292 b

1office. Prior to borrowing any funds, the University shall
2request from the Comptroller's office a verification of the
3borrowing limit and shall include the estimated date on which
4such borrowing shall occur. The borrowing limit cap shall be
5verified by the State Comptroller's office not prior to 45 days
6before any estimated date for executing any promissory note or
7line of credit established under this item (14). The principal
8amount borrowed under a promissory note or line of credit shall
9not exceed 75% of the borrowing limit. Within 15 days after
10borrowing funds under any promissory note or line of credit
11established under this item (14), the University shall submit
12to the Governor's Office of Management and Budget, the Speaker
13of the House of Representatives, the Minority Leader of the
14House of Representatives, the President of the Senate, and the
15Minority Leader of the Senate, an Emergency Short Term Cash
16Management Plan. The Emergency Short Term Cash Management Plan
17shall outline the amount borrowed, the terms for repayment, the
18amount of outstanding State vouchers as verified by the State
19Comptroller's office, and the University's plan for
20expenditure of any borrowed funds, including, but not limited
21to, a detailed plan to meet payroll obligations for all
22collective bargaining employees, civil service employees, and
23academic, research, and health care personnel. The
24establishment of any promissory note or line of credit
25established under this item (14) must be finalized within 90
26days after the effective date of this amendatory Act of the

 

 

SB0135- 84 -LRB097 06217 NHT 46292 b

196th General Assembly. The borrowed moneys shall be applied to
2the purposes of paying salaries and other expenses lawfully
3authorized in the University's State appropriation and unpaid
4by the State Comptroller. Any line of credit established under
5this item (14) shall be paid in full one year after creation or
6within 10 days after the date the University receives
7reimbursement from the State for all submitted fiscal year 2010
8vouchers, whichever is earlier. Any promissory note
9established under this item (14) shall be repaid within one
10year after issuance of the note. The Chairman, Comptroller, or
11Treasurer of the Board shall execute a promissory note or
12similar debt instrument to evidence the indebtedness incurred
13by the borrowing. In connection with a borrowing, the Board may
14establish a line of credit with a financial institution,
15investment bank, or broker/dealer. The obligation to make the
16payments due under any promissory note or line of credit
17established under this item (14) shall be a lawful obligation
18of the University payable from the anticipated moneys. Any
19borrowing under this item (14) shall not constitute a debt,
20legal or moral, of the State and shall not be enforceable
21against the State. The promissory note or line of credit shall
22be authorized by a resolution passed by the Board and shall be
23valid whether or not a budgeted item with respect to that
24resolution is included in any annual or supplemental budget
25adopted by the Board. The resolution shall set forth facts
26demonstrating the need for the borrowing, state an amount that

 

 

SB0135- 85 -LRB097 06217 NHT 46292 b

1the amount to be borrowed will not exceed, and establish a
2maximum interest rate limit not to exceed the maximum rate
3authorized by the Bond Authorization Act or 9%, whichever is
4less. The resolution may direct the Comptroller or Treasurer of
5the Board to make arrangements to set apart and hold the
6portion of the anticipated moneys, as received, that shall be
7used to repay the borrowing, subject to any prior pledges or
8restrictions with respect to the anticipated moneys. The
9resolution may also authorize the Treasurer of the Board to
10make partial repayments of the borrowing as the anticipated
11moneys become available and may contain any other terms,
12restrictions, or limitations not inconsistent with the powers
13of the Board.
14    For the purposes of this item (14), "financial institution"
15means any bank subject to the Illinois Banking Act, any savings
16and loan association subject to the Illinois Savings and Loan
17Act of 1985, and any federally chartered commercial bank or
18savings and loan association or government-sponsored
19enterprise organized and operated in this State pursuant to the
20laws of the United States.
21(Source: P.A. 96-909, eff. 6-8-10; revised 6-15-10.)
 
22    (110 ILCS 685/30-130)
23    Sec. 30-130. Limitation on tuition and fee increase.
24    (a) This subsection (a) Section applies only to those
25students who first enroll after the 2003-2004 academic year.

 

 

SB0135- 86 -LRB097 06217 NHT 46292 b

1This subsection (a) does not apply beginning with the 2011-2012
2academic year. For 4 continuous academic years following
3initial enrollment (or for undergraduate programs that require
4more than 4 years to complete, for the normal time to complete
5the program, as determined by the University), the tuition
6charged an undergraduate student who is an Illinois resident
7shall not exceed the amount that the student was charged at the
8time he or she first enrolled in the University. However, if
9the student changes majors during this time period, the tuition
10charged the student shall equal the amount the student would
11have been charged had he or she been admitted to the changed
12major when he or she first enrolled. An undergraduate student
13who is an Illinois resident and who has for 4 continuous
14academic years been charged no more than the tuition amount
15that he or she was charged at the time he or she first enrolled
16in the University shall be charged tuition not to exceed the
17amount the University charged students who first enrolled in
18the University for the academic year following the academic
19year the student first enrolled in the University for a maximum
20of 2 additional continuous academic years.
21    (b) Notwithstanding any other provision of law to the
22contrary, for the 2011-2012 academic year and each academic
23year thereafter, the tuition and fee rates for undergraduate
24and graduate resident and non-resident students must be equal
25to the tuition and fee rates in effect for the 2010-2011
26academic year or such lesser or greater amount as may be

 

 

SB0135- 87 -LRB097 06217 NHT 46292 b

1established by law by the General Assembly.
2(Source: P.A. 96-1293, eff. 7-26-10.)
 
3    Section 45. The Western Illinois University Law is amended
4by changing Sections 35-45 and 35-125 as follows:
 
5    (110 ILCS 690/35-45)
6    Sec. 35-45. Powers and duties. The Board also shall have
7power and it shall be its duty:
8    (1) To make rules, regulations and bylaws, not inconsistent
9with law, for the government and management of Western Illinois
10University and its branches;
11    (2) To employ, and, for good cause, to remove a President
12of Western Illinois University, and all necessary deans,
13professors, associate professors, assistant professors,
14instructors, other educational and administrative assistants,
15and all other necessary employees, and to prescribe their
16duties and contract with them upon matters relating to tenure,
17salaries and retirement benefits in accordance with the State
18Universities Civil Service Act. Whenever the Board establishes
19a search committee to fill the position of President of Western
20Illinois University, there shall be minority representation,
21including women, on that search committee. The Board shall,
22upon the written request of an employee of Western Illinois
23University, withhold from the compensation of that employee any
24dues, payments or contributions payable by such employee to any

 

 

SB0135- 88 -LRB097 06217 NHT 46292 b

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

 

 

SB0135- 89 -LRB097 06217 NHT 46292 b

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

 

 

SB0135- 90 -LRB097 06217 NHT 46292 b

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

 

 

SB0135- 91 -LRB097 06217 NHT 46292 b

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

 

 

SB0135- 92 -LRB097 06217 NHT 46292 b

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

 

 

SB0135- 93 -LRB097 06217 NHT 46292 b

1Minority Leader of the Senate, an Emergency Short Term Cash
2Management Plan. The Emergency Short Term Cash Management Plan
3shall outline the amount borrowed, the terms for repayment, the
4amount of outstanding State vouchers as verified by the State
5Comptroller's office, and the University's plan for
6expenditure of any borrowed funds, including, but not limited
7to, a detailed plan to meet payroll obligations to include
8collective bargaining employees, civil service employees, and
9academic, research, and health care personnel. The
10establishment of any promissory note or line of credit
11established under this item (13) must be finalized within 90
12days after the effective date of this amendatory Act of the
1396th General Assembly. The borrowed moneys shall be applied to
14the purposes of paying salaries and other expenses lawfully
15authorized in the University's State appropriation and unpaid
16by the State Comptroller. Any line of credit established under
17this item (13) shall be paid in full one year after creation or
18within 10 days after the date the University receives
19reimbursement from the State for all submitted fiscal year 2010
20vouchers, whichever is earlier. Any promissory note
21established under this item (13) shall be repaid within one
22year after issuance of the note. The Chairman, Comptroller, or
23Treasurer of the Board shall execute a promissory note or
24similar debt instrument to evidence the indebtedness incurred
25by the borrowing. In connection with a borrowing, the Board may
26establish a line of credit with a financial institution,

 

 

SB0135- 94 -LRB097 06217 NHT 46292 b

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

 

 

SB0135- 95 -LRB097 06217 NHT 46292 b

1means any bank subject to the Illinois Banking Act, any savings
2and loan association subject to the Illinois Savings and Loan
3Act of 1985, and any federally chartered commercial bank or
4savings and loan association or government-sponsored
5enterprise organized and operated in this State pursuant to the
6laws of the United States.
7(Source: P.A. 96-909, eff. 6-8-10; revised 6-15-10.)
 
8    (110 ILCS 690/35-125)
9    Sec. 35-125. Limitation on tuition and fee increase.
10    (a) This subsection (a) Section applies only to those
11students who first enroll after the 2003-2004 academic year.
12This subsection (a) does not apply beginning with the 2011-2012
13academic year. For 4 continuous academic years following
14initial enrollment (or for undergraduate programs that require
15more than 4 years to complete, for the normal time to complete
16the program, as determined by the University), the tuition
17charged an undergraduate student who is an Illinois resident
18shall not exceed the amount that the student was charged at the
19time he or she first enrolled in the University. However, if
20the student changes majors during this time period, the tuition
21charged the student shall equal the amount the student would
22have been charged had he or she been admitted to the changed
23major when he or she first enrolled. An undergraduate student
24who is an Illinois resident and who has for 4 continuous
25academic years been charged no more than the tuition amount

 

 

SB0135- 96 -LRB097 06217 NHT 46292 b

1that he or she was charged at the time he or she first enrolled
2in the University shall be charged tuition not to exceed the
3amount the University charged students who first enrolled in
4the University for the academic year following the academic
5year the student first enrolled in the University for a maximum
6of 2 additional continuous academic years.
7    (b) Notwithstanding any other provision of law to the
8contrary, for the 2011-2012 academic year and each academic
9year thereafter, the tuition and fee rates for undergraduate
10and graduate resident and non-resident students must be equal
11to the tuition and fee rates in effect for the 2010-2011
12academic year or such lesser or greater amount as may be
13established by law by the General Assembly.
14(Source: P.A. 96-1293, eff. 7-26-10.)
 
15    Section 50. The Public Community College Act is amended by
16changing Section 6-4 as follows:
 
17    (110 ILCS 805/6-4)  (from Ch. 122, par. 106-4)
18    Sec. 6-4. Rates Variable rates and fees; limitation on
19increase. Notwithstanding any other provision of law to the
20contrary, for the 2011-2012 academic year and each academic
21year thereafter, the tuition and fee rates for resident and
22non-resident students must be equal to the tuition and fee
23rates in effect for the 2010-2011 academic year or such lesser
24or greater amount as may be established by law by the General

 

 

SB0135- 97 -LRB097 06217 NHT 46292 b

1Assembly. Any community college district, by resolution of the
2board, may establish variable tuition rates and fees for
3students attending its college in an amount not to exceed 1/3
4of the per capita cost as defined in Section 6-2, provided that
5voluntary contributions, as defined in Section 65 of the Higher
6Education Student Assistance Act, shall not be included in any
7calculation of community college tuition and fee rates for the
8purpose of this Section.
9(Source: P.A. 90-14, eff. 7-1-97.)
 
10    Section 99. Effective date. This Act takes effect upon
11becoming law.