Illinois General Assembly - Full Text of HB2399
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Full Text of HB2399  101st 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 Northern Illinois University Law is amended
5by changing Section 30-45 as follows:
6    (110 ILCS 685/30-45)
7    Sec. 30-45. Powers and duties. The Board also shall have
8power and it shall be its duty:
9    (1) To make rules, regulations and bylaws, not inconsistent
10with law, for the government and management of Northern
11Illinois University and its branches.
12    (2) To employ, and, for good cause, to remove a President
13of Northern Illinois University, and all necessary deans,
14professors, associate professors, assistant professors,
15instructors, other educational and administrative assistants,
16and all other necessary employees, and to prescribe their
17duties and contract with them upon matters relating to tenure,
18salaries and retirement benefits in accordance with the State
19Universities Civil Service Act. Whenever the Board establishes
20a search committee to fill the position of President of
21Northern Illinois University, there shall be minority
22representation, including women, on that search committee. The
23Board shall, upon the written request of an employee of



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1Northern Illinois University, withhold from the compensation
2of that 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
11    (3) To prescribe the courses of study to be followed, and
12textbooks and apparatus to be used at Northern Illinois
14    (4) To issue upon the recommendation of the faculty,
15diplomas to such persons as have satisfactorily completed the
16required studies of Northern Illinois University, and confer
17such professional and literary degrees as are usually conferred
18by other institutions of like character for similar or
19equivalent courses of study, or such as the Board may deem
21    (5) To examine into the conditions, management, and
22administration of Northern Illinois University, to provide the
23requisite buildings, apparatus, equipment and auxiliary
24enterprises, and to fix and collect matriculation fees; tuition
25fees; fees for student activities; fees for student facilities
26such as student union buildings or field houses or stadia or



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



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



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



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1purchase, lease, construction, reconstruction, improvement,
2remodeling, addition to, and extension and maintenance of all
3or part of such high technology park, and all equipment and
4furnishings, by legislative appropriations, government grants,
5contracts, private gifts, loans, receipts from the operation of
6such high technology park, rentals and similar receipts; and
7may make its other facilities and services available to tenants
8or other occupants of any such park at rates which are
9reasonable and appropriate.
10    (13) To assist in the provision of buildings and facilities
11beneficial to, useful for, or supportive of university
12purposes, the Board of Trustees of Northern Illinois University
13may exercise the following powers with regard to the areas area
14located on or adjacent to the Northern Illinois University
15DeKalb campus and bounded as follows:
16Parcel 1:
17    In Township 40 North, Range 4 East, of the Third Prime
18    Meridian, County of DeKalb, State of Illinois: The East
19    half of the Southeast Quarter of Section 17, the Southwest
20    Quarter of Section 16, and the Northwest Quarter of Section
21    21, all in the County of DeKalb, Illinois.
22Parcel 2:
23    In Township 40 North, Range 4 East, of the Third Prime
24    Meridian, County of DeKalb, State of Illinois: On the
25    North, by a line beginning at the Northwest corner of the
26    Southeast Quarter of Section 15; thence East 1,903.3 feet;



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1    thence South to the North line of the Southeast Quarter of
2    the Southeast Quarter of Section 15; thence East along said
3    line to North First Street; on the West by Garden Road
4    between Lucinda Avenue and the North boundary; thence on
5    the South by Lucinda Avenue between Garden Road and the
6    intersection of Lucinda Avenue and the South Branch of the
7    Kishwaukee River, and by the South Branch of the Kishwaukee
8    River between such intersection and easterly to the
9    intersection of such river and North First Street; thence
10    on the East by North First Street.
11Parcel 3:
12    That Part of Lot 4 in the Sears Business Park Subdivison,
13    being a subdivison of part of the East 1/2 of Section 31,
14    and that part of Section 32, and that part of the West 1/2
15    of Section 33, all in Township 42 North, Range 9, East of
16    the Third Principal Meridian and also that part of
17    fractional section 3, and fractional section 4, both in
18    Township 41 North, Range 9, East of the Third Principal
19    Meridian according to the plat thereof recorded March 7,
20    1991 as Document no. 91103116, in Cook County, Illinois,
21    More particularly described as follows: Commencing at the
22    Northwest corner of the northwest 1/4 of the southwest 1/4
23    of said section 32; thence south 89 ° 40' 15" East along
24    the North line of the Northwest 1/4 of the Southwest 1/4 of
25    said section 32, a distance of 164.57 feet to a point
26    thence South 0° 19' 45" West, a distance of 326.21 feet to



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1    the Southerly right-of-way line boulevard "A" being also
2    point of beginning : Thence South 76°44'08" East, a
3    distance of 84.61 feet to a point of curvature: thence
4    southeasterly 267.01 feet along the arc of a circle, convex
5    to the southeast, having a radius of 3,550.00 feet and
6    whose chord of 266.95 feet bears South 78° 53'07" East to a
7    point; thence South 32°22'21" East, a distance of 374.66
8    feet to a point; thence South 73°35'18" west, a distance of
9    89.48 feet to a point; thence North 74°09'49" west, a
10    distance of 97.37 feet to a point; thence South 74°56'20"
11    West, a dis¬tance of 103.60 feet to a point; thence South
12    57°44'26" West, a distance of 150.18 feet to a point;
13    thence North 32°22'20" West, a distance of 346.61 feet;
14    thence North 13°15'53" East, a distance of 205.84 feet to
15    the point of beginning; Containing 169,817.1 sq. ft. or
16    3.8985 acres, more or less, all in Cook County, Illinois.
17Parcel 4:
18    Part of Section Twenty-four (24), Township Forty-four (44)
19    North, Range Two (2) East of the Third (3rd) Principal
20    Meridian, bounded and described as follows, to-wit:
21    Commencing at the Northwest corner of the East Half of the
22    Northwest Quarter of said Section; thence South
23    00°-34'-13" West, along the West line of the East Half of
24    the Northwest Quarter of said Section, 2,646.48 feet to its
25    intersection with the Southwest corner of the East Half of
26    the Northwest Quarter of said Section; thence South



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1    00°-32'-41" West, along the West line of the East Half of
2    the Southwest Quarter of said Section, 1,141.57 feet to its
3    intersection with the North Right-of-Way line for U.S.
4    Route 20 as now laid out and used; thence North 80°-25'-35"
5    East, along said North Right-of-Way line, 1,303.19 feet;
6    thence North 74°-42'-57" East, along said North
7    Right-of-Way line, (100.50 feet; thence North 80°-25'-35"
8    East, along said North Right-of-Way line.) 116.08 feet to
9    the point of beginning for the following described parcel;
10    thence North 09°-34'- 25" West, 533.87 feet; thence
11    Northeasterly, along a circular curve to the left having a
12    radius of 1,530.00 feet and whose center lies to the North,
13    an arc distance of 372.12 feet(the chord across the last
14    described circular curve course bears North 76°-09'-26"
15    East, 371.21 feet); thence Northeasterly, along a circular
16    curve to the right having a radius of 1,470.00 feet and
17    whose center lies to the South, an arc distance of 227.59
18    feet (the chord across the last described circular curve
19    course bears North 73°-37'-29" East, 227.36 feet); thence
20    Northeasterly, along a circular curve to the left having a
21    radius of 530.00 feet and whose center lies to the North,
22    an arc distance of 156.42 feet (the chord across the last
23    described circular curve course bears North 69°-36'-19"
24    East, 155.85 feet); thence South 11°-49'-08" East, 643.18
25    feet to its intersection with said North Right-of-Way line
26    for U.S. Route 20; thence South 80°-25'-35" West, along



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1    said North Right-of-Way line, 190.29 feet; thence North
2    85°-32'-15" West, along said North Right-of-Way line,
3    103.08 feet; thence South 80°-25'-35" West, along said
4    North Right-of-Way line, 483.92 feet to the point of
5    beginning. Subject to the rights of the public and the
6    State of Illinois in and to those portions thereof taken,
7    used or dedicated for public road purposes. Situated in the
8    City of Rockford, the County of Winnebago and the State of
9    Illinois.
10Parcel 5:
11    Lot 1 in Washington Commons Assessment Plat of Part of the
12    South 1/2 of Section 6, Township 38 North, Range 10, East
13    of the Third Principal, Meridian, according to the plat
14    thereof recorded October 21, 1996 as Document R96-172065,
15    in DuPage County, Illinois.
16Parcel 6:
17    That part of Lots A and B of the C. M. Cheatham
18    subdivision, a Resubdivision of part of assessor's Lot 58
19    in Section 12, Township 40 North, Range 4, East of the
20    Third Principal Meridian, DeKalb County, Illinois,
21    described as follows: Commencing at the Southeast corner of
22    said Lot "A" (said corner being a point on the
23    Southeasterly line of said subdivision, said line being
24    labeled on the plat of said subdivision, the centerline of
25    Sycamore Road before relocation); Thence Northwesterly
26    along the South line of said Lot "A" 293.0 feet for a point



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1    of beginning; thence Northwesterly along said south line,
2    253.54 feet to a point 60.36 feet Southeasterly of, as
3    measured along said South line, the most northerly corner
4    of said Lot "B"; thence westerly 53.38 feet to a point on
5    the west line of said Lot "B" that is 17.71 feet Southerly
6    of, as measured along said west line, the most Northerly
7    corner of said Lot B; thence Northeasterly along said west
8    line, 17.71 feet to the Southwest corner of said Lot "A";
9    thence Northeasterly along the west line of said Lot "A",
10    151.2 feet to the Northwest corner of said Lot "A"; thence
11    Southeasterly along the north line of said Lot "A", 414.9
12    feet to an angle point in said North line; thence
13    Southeasterly along said North line, 299.3 feet to said
14    Southeasterly line of said subdivision; thence
15    Southwesterly along said Southeasterly line, 15.4 feet;
16    thence Northwesterly parallel with said North line, 290.0
17    feet; thence Southwesterly, 252.85 feet to the point of
18    beginning.
19Parcel 7:
20    Lot 10 and the East Half of Lot 9 in Woodlawn Acres, a
21    subdivision of a part of the Southeast Quarter of Section
22    14,Township 40 North, Range 4 East of the Third Principal
23    Meridian, according to the plat thereof recorded June 28th,
24    1948, as Document No. 213915, in Plat Book "G", Page 140,
25    in DeKalb County, Illinois.
26Parcel 8:



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1    That part of the vacated public alley which lies
2    Northeasterly of the Southwesterly line of Lot 11 of said
3    Woodlawn Acres extended Northwesterly to the Southeasterly
4    line of Lot 9.
5Parcel 9:
6    Lot 11 in Woodlawn Acres, a subdivision of a part of the
7    Southeast Quarter of Section 14, Township 40 North, Range 4
8    East of the Third Principal Meridian, according to the plat
9    thereof recorded June 28th, 1948, as Document No. 213915,
10    in Plat Book "G", Page 140, in DeKalb County, Illinois.
11Parcel 10:
12    That Part Of Lot 1002 Of The Anaconda Wire And Cable
13    Company Resubdivision Of part of Sections 29 And 32,
14    Township 41 North, Range 5, East of the Third Principal
15    Meridian, DeKalb County, Illinois, Described as follows:
16    Commencing at the Southeast Corner of said Lot 1002; Thence
17    Northerly along the Easterly Line of said Lot, 728.49 Feet
18    for a point of beginning; Thence continuing Northerly along
19    said Easterly Line, 180.00 Feet; Thence Westerly at an
20    angle of 93 Degrees 24 Minutes 33 Seconds measured
21    clockwise from said West line, 1,596.83 Feet to a point on
22    the West line of said Section 29 that is 863.41 Feet
23    Northerly of, as measured along said West Line, the
24    Southwest Corner of said Section 29; Thence Southerly at an
25    angle Of 79 Degrees 54 Minutes 40 Seconds measured
26    clockwise from the last described course along said West



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1    line, 365.65 Feet; Thence Southeasterly at an angle of 100
2    Degrees 05 Minutes 20 Seconds measured clockwise from said
3    West line, 1,080.00 Feet; Thence Northeasterly at Right
4    Angles to the last described course, 150.00 Feet; Thence
5    Southeasterly at an angle of 93 Degrees 44 Minutes 48
6    Seconds measured counterclockwise from the last described
7    course, 463.97 Feet to the point of beginning, all in
8    Sycamore Township, DeKalb County, Illinois.
9        (a) Acquire any interests in land, buildings, or
10    facilities by purchase, including installments payable
11    over a period allowed by law, by lease over a term of such
12    duration as the Board of Trustees shall determine, or by
13    exercise of the power of eminent domain;
14        (b) Sublease or contract to purchase through
15    installments all or any portion of buildings or facilities
16    for such duration and on such terms as the Board of
17    Trustees shall determine, including a term that exceeds 5
18    years, provided that each such lease or purchase contract
19    shall be and shall recite that it is subject to termination
20    and cancellation in any year for which the General Assembly
21    fails to make an appropriation to pay the rent or purchase
22    installments payable under the terms of such lease or
23    purchase contracts; and
24        (c) Sell property without compliance with the State
25    Property Control Act and retain proceeds in the University
26    treasury in a special, separate development fund account



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1    which the Auditor General shall examine to assure
2    compliance with this Act.
3    Any buildings or facilities to be developed on the land
4shall be buildings or facilities that, in the determination of
5the Board of Trustees, in whole or in part: (i) are for use by
6the University; or (ii) otherwise advance the interests of the
7University, including, by way of example, residential,
8recreational, educational, and athletic facilities for
9University staff and students and commercial facilities which
10provide services needed by the University community. Revenues
11from the development fund account may be withdrawn by the
12University for the purpose of demolition and the processes
13associated with demolition; repairs to existing campus
14facilities and infrastructure, and professional services
15associated with planning and design routine land and property
16acquisition; extension of utilities; streetscape work;
17landscape work; surface and structure parking; sidewalks,
18recreational paths, and street construction; and lease and
19lease purchase arrangements and the professional services
20associated with the planning and development of the area.
21Moneys from the development fund account used for any other
22purpose must be deposited into and appropriated from the
23General Revenue Fund. Buildings or facilities leased to an
24entity or person other than the University shall not be subject
25to any limitations applicable to a State-supported college or
26university under any law. All development on the land and all



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



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1shall outline the amount borrowed, the terms for repayment, the
2amount of outstanding State vouchers as verified by the State
3Comptroller's office, and the University's plan for
4expenditure of any borrowed funds, including, but not limited
5to, a detailed plan to meet payroll obligations for all
6collective bargaining employees, civil service employees, and
7academic, research, and health care personnel. The
8establishment of any promissory note or line of credit
9established under this item (14) must be finalized within 90
10days after the effective date of this amendatory Act of the
1196th General Assembly. The borrowed moneys shall be applied to
12the purposes of paying salaries and other expenses lawfully
13authorized in the University's State appropriation and unpaid
14by the State Comptroller. Any line of credit established under
15this item (14) shall be paid in full one year after creation or
16within 10 days after the date the University receives
17reimbursement from the State for all submitted fiscal year 2010
18vouchers, whichever is earlier. Any promissory note
19established under this item (14) shall be repaid within one
20year after issuance of the note. The Chairman, Comptroller, or
21Treasurer of the Board shall execute a promissory note or
22similar debt instrument to evidence the indebtedness incurred
23by the borrowing. In connection with a borrowing, the Board may
24establish a line of credit with a financial institution,
25investment bank, or broker/dealer. The obligation to make the
26payments due under any promissory note or line of credit



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



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1Act of 1985, and any federally chartered commercial bank or
2savings and loan association or government-sponsored
3enterprise organized and operated in this State pursuant to the
4laws of the United States.
5(Source: P.A. 96-909, eff. 6-8-10; 97-333, eff. 8-12-11.)
6    Section 99. Effective date. This Act takes effect upon
7becoming law.