Illinois General Assembly - Full Text of HB5678
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Full Text of HB5678  98th General Assembly




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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 Western Illinois University Law is amended
5by changing Sections 35-40 and 35-45 as follows:
6    (110 ILCS 690/35-40)
7    Sec. 35-40. Contracts, conveyances, expenditures. The
8Board shall have power to enter into contracts and to sue and
9be sued, provided that any suit against the Board based upon a
10claim sounding in tort must be filed in the Court of Claims; to
11acquire by purchase, eminent domain or otherwise, and to hold
12and convey title to real property as it shall deem appropriate
13and personal property in accordance with the State Property
14Control Act, except as otherwise provided in item (14) of
15Section 35-45 of this Law; and to expend the funds appropriated
16to or lawfully belonging to the Western Illinois University,
17provided that the Board in the exercise of the powers conferred
18by this Article shall not create any liability or indebtedness
19of funds from the State Treasury in excess of the funds
20appropriated to Western Illinois University.
21    All real property acquired by the Board shall be held for
22the People of the State of Illinois, for the use of Western
23Illinois University.



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1    Any lease to the Board of lands, buildings or facilities
2which will support scientific research and development in such
3areas as high technology, super computing, microelectronics,
4biotechnology, robotics, physics and engineering shall be for a
5term not to exceed 18 years, and may grant to the Board the
6option to purchase the lands, buildings or facilities. The
7lease shall recite that it is subject to termination and
8cancellation in any year for which the General Assembly fails
9to make an appropriation to pay the rent payable under the
10terms of the lease.
11    Leases for the purposes described herein exceeding 5 years
12shall have the approval of the Illinois Board of Higher
14    The Board's power to enter into contracts includes but is
15not limited to the power to enter into contracts with
16municipalities within which the University or any branch
17thereof is located, in whole or in part, for such municipality
18to provide fire protection or other essential municipal
19services upon properties leased to for-profit entities the
20title to which properties is held by the Board. The Board shall
21pay to the municipality concerned such equitable portion of the
22cost of providing such fire protection or other essential
23municipal service as shall be agreed to by the Board, and as
24part of the compensation for such fire protection the Board may
25provide land and buildings, or either, for fire stations to be
26used by the municipality.



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1(Source: P.A. 89-4, eff. 1-1-96.)
2    (110 ILCS 690/35-45)
3    Sec. 35-45. Powers and duties. The Board also shall have
4power and it shall be its duty:
5    (1) To make rules, regulations and bylaws, not inconsistent
6with law, for the government and management of Western Illinois
7University and its branches;
8    (2) To employ, and, for good cause, to remove a President
9of Western Illinois University, and all necessary deans,
10professors, associate professors, assistant professors,
11instructors, other educational and administrative assistants,
12and all other necessary employees, and to prescribe their
13duties and contract with them upon matters relating to tenure,
14salaries and retirement benefits in accordance with the State
15Universities Civil Service Act. Whenever the Board establishes
16a search committee to fill the position of President of Western
17Illinois University, there shall be minority representation,
18including women, on that search committee. The Board shall,
19upon the written request of an employee of Western Illinois
20University, withhold from the compensation of that employee any
21dues, payments or contributions payable by such employee to any
22labor organization as defined in the Illinois Educational Labor
23Relations Act. Under such arrangement, an amount shall be
24withheld from each regular payroll period which is equal to the
25pro rata share of the annual dues plus any payments or



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



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



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



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



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



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1Comptroller's office, and the University's plan for
2expenditure of any borrowed funds, including, but not limited
3to, a detailed plan to meet payroll obligations to include
4collective bargaining employees, civil service employees, and
5academic, research, and health care personnel. The
6establishment of any promissory note or line of credit
7established under this item (13) must be finalized within 90
8days after the effective date of this amendatory Act of the
996th General Assembly. The borrowed moneys shall be applied to
10the purposes of paying salaries and other expenses lawfully
11authorized in the University's State appropriation and unpaid
12by the State Comptroller. Any line of credit established under
13this item (13) shall be paid in full one year after creation or
14within 10 days after the date the University receives
15reimbursement from the State for all submitted fiscal year 2010
16vouchers, whichever is earlier. Any promissory note
17established under this item (13) shall be repaid within one
18year after issuance of the note. The Chairman, Comptroller, or
19Treasurer of the Board shall execute a promissory note or
20similar debt instrument to evidence the indebtedness incurred
21by the borrowing. In connection with a borrowing, the Board may
22establish a line of credit with a financial institution,
23investment bank, or broker/dealer. The obligation to make the
24payments due under any promissory note or line of credit
25established under this item (13) shall be a lawful obligation
26of the University payable from the anticipated moneys. Any



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



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1enterprise organized and operated in this State pursuant to the
2laws of the United States.
3    (14) To assist in the provision of lands, buildings, and
4facilities that are supportive of University purposes and
5suitable and appropriate for the conduct and operation of the
6University's education programs, the Board may exercise the
7following powers with regard to that part of the Southeast
8Quarter of Section 11, Township 17 North, Range 1 West of the
94th Principal Meridian, the boundary which is described as
11    From the Northeast corner of Lot 33 of Homewood Terrace
12    Second Addition to the City of Moline in Rock Island
13    County, Illinois, said corner being the point of beginning
14    and being 1272.48 feet South and 526.23 feet East of the
15    center of Section 11; proceed thence South 00 deg.-00'-00"
16    West 179.04 feet along the East line of said Homewood
17    Terrace Second Addition; thence South 34 deg.-30'-00" West
18    l35.00 feet along the East line of said Homewood Terrace
19    Second Addition; thence South 34 deg.-22'-33" East 353.34
20    feet to the East line of the First Section of Homewood 5th
21    Addition to the City of Moline in Rock Island County,
22    Illinois; thence South 21 deg.-14'-01" East 448.00 feet
23    along the East line of said First Section of Homewood 5th
24    Addition to the North Right-of-Way line of Coaltown Road,
25    Moline; thence North 69 deg.-30'-59" East 13.39 feet along
26    the North Right-of-Way of Coaltown Road; thence



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1    Northeasterly 302.69 feet along the North Right-of-Way of
2    Coaltown Road around a circular curve to the Right, said
3    curve having an initial tangent bearing of North 69
4    deg.-30'-59" East and a radius of 1950.08 feet; thence
5    North 49 deg.-29'-56" East 99.18 feet along the North
6    Right-of-Way line of Coaltown Road, Moline, to the West
7    Right-of-Way line of 60th Street, Moline; thence North 09
8    deg.-29'-20" West 366.24 feet along the West Right-of-Way
9    line of 60th Street, Moline Right-of-Way monument; thence
10    North 10 deg.-10'-03" West 263.50 feet along the West
11    Right-of-Way line of 60th Street, Moline Right-of-Way
12    monument; thence North 01 deg.-45'-57" West 81.37 feet
13    along the West line of 60th Street, Moline; thence
14    Northwesterly 581.39 feet around a circular curve to the
15    right, said curve having an initial tangent bearing of
16    South 89 deg.-27'-55" West and a radius of 1085.00 feet to
17    the point of beginning; Situated in Rock Island County,
18    Illinois.
19        (A) The Board may sell, lease, or otherwise transfer
20    and convey all or part of the real estate described in this
21    item (14), together with the improvements situated
22    thereon, to a bona fide purchaser for value, without
23    compliance with the State Property Control Act and on such
24    terms as the Board shall determine are in the best
25    interests of the University and consistent with its objects
26    and purposes.



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1        (B) The Board may retain the proceeds from the sale,
2    lease, or other transfer of all or any part of the real
3    estate described in this item (14) in the University
4    treasury, in a special, separate development fund account
5    that the Auditor General shall examine to ensure the use or
6    deposit of those proceeds in a manner consistent with
7    subdivision (C) of this item (14).
8        (C) Revenues from the development fund account may be
9    withdrawn by the University for the purpose of demolition
10    and the processes associated with demolition; routine land
11    and property acquisition; streetscape work; landscape
12    work; lease and lease purchase arrangements and the
13    professional services associated with planning and
14    development; surface and structure parking; sidewalks,
15    recreational paths, and street construction; utility
16    infrastructure; historic preservation; and building
17    rehabilitation. Money from the development fund account
18    used for any other purpose must be deposited into and
19    appropriated from the General Revenue Fund. Buildings or
20    facilities leased to an entity or person other than the
21    University are not subject to any limitations applicable to
22    a State-supported college or university under any law. All
23    development on the land and all use of any buildings or
24    facilities is subject to the control and approval of the
25    Board.
26(Source: P.A. 96-909, eff. 6-8-10; 97-333, eff. 8-12-11.)



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1    Section 99. Effective date. This Act takes effect upon
2becoming law.