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| Public Act 098-0998
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| HB5678 Enrolled | LRB098 18550 NHT 53688 b |
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AN ACT concerning education.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Western Illinois University Law is amended |
by changing Sections 35-40 and 35-45 as follows:
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(110 ILCS 690/35-40)
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Sec. 35-40. Contracts, conveyances, expenditures. The |
Board shall have
power to enter into contracts and to sue and |
be
sued, provided that any suit against the Board based upon a |
claim sounding
in tort must be filed in the Court of Claims; to |
acquire by purchase,
eminent domain or otherwise, and to hold |
and convey title to
real property as it shall deem appropriate |
and personal property in
accordance with the State Property |
Control Act, except as otherwise provided in item (14) of |
Section 35-45 of this Law; and to expend the funds
appropriated |
to or lawfully belonging to the Western Illinois University,
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provided that the Board in the exercise of
the powers conferred |
by this Article shall not create any liability or
indebtedness |
of funds from the State Treasury in excess of the funds
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appropriated to Western Illinois University.
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All real property acquired by the Board shall be held for |
the People of
the State of Illinois, for the use of Western |
Illinois University.
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Any lease to the Board of lands, buildings or facilities
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which will support scientific research and development in such
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areas as high technology, super computing, microelectronics,
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biotechnology, robotics, physics and engineering shall be for
a |
term not to exceed 18 years, and may grant to the Board the |
option to
purchase the lands, buildings or facilities. The |
lease shall recite that
it is subject to termination and |
cancellation in any year for which the
General Assembly fails |
to make an appropriation to pay the rent payable
under the |
terms of the lease.
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Leases for the purposes described herein exceeding 5 years |
shall have
the approval of the Illinois Board of Higher |
Education.
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The Board's power to enter into contracts includes but is |
not limited
to the power to enter into contracts with |
municipalities within which the
University or any branch |
thereof is located, in whole or in part, for such
municipality |
to provide fire protection or other essential municipal
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services upon properties leased to for-profit entities the |
title to which
properties is held by the Board.
The Board shall |
pay to the municipality concerned such equitable portion of
the |
cost of providing such fire protection or other essential |
municipal
service as shall be agreed to by the Board, and as |
part of the compensation
for such fire protection the Board may |
provide land and buildings, or
either, for fire stations to be |
used by the municipality.
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(Source: P.A. 89-4, eff. 1-1-96.)
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(110 ILCS 690/35-45)
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Sec. 35-45. Powers and duties. The Board also shall have |
power and
it shall be its duty:
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(1) To make rules, regulations and bylaws, not inconsistent |
with
law, for the government and management of Western Illinois |
University
and its branches;
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(2) To employ, and, for good cause, to remove a President |
of Western
Illinois University, and all necessary deans, |
professors, associate
professors, assistant professors, |
instructors, other educational and
administrative assistants, |
and all other necessary employees, and to prescribe
their |
duties and contract with them upon matters relating to tenure, |
salaries
and retirement benefits in accordance with
the State |
Universities Civil Service Act. Whenever the Board establishes |
a
search committee to fill the position of President of Western |
Illinois
University, there shall be minority representation, |
including women, on that
search committee. The Board shall, |
upon the written request
of an employee of Western Illinois |
University, withhold from the compensation
of that employee any |
dues, payments or contributions payable by such employee
to any |
labor organization as defined in the Illinois Educational Labor
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Relations
Act. Under such arrangement, an amount shall be |
withheld from each regular
payroll period which is equal to the |
pro rata share of the annual dues plus
any payments or |
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contributions, and the Board shall transmit such withholdings
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to the specified labor organization within 10 working days from |
the time
of the withholding;
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(3) To prescribe the courses of study to be followed, and |
textbooks
and apparatus to be used at Western Illinois |
University;
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(4) To issue upon the recommendation of the faculty, |
diplomas to such
persons as have satisfactorily completed the |
required studies of
Western Illinois University, and confer |
such professional and literary
degrees as are usually conferred |
by other institutions of like character
for similar or |
equivalent courses of study, or such as the Board may
deem |
appropriate;
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(5) To examine into the conditions, management, and |
administration of
Western Illinois University, to provide the |
requisite buildings,
apparatus, equipment and auxiliary |
enterprises, and to fix and collect
matriculation fees; tuition |
fees; fees for student activities; fees for
student facilities |
such as student union buildings or field houses or
stadia or |
other recreational facilities; student welfare fees;
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laboratory fees; and similar fees for supplies and materials.
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The expense of the building, improving, repairing and supplying |
fuel and
furniture and the necessary appliances and apparatus |
for conducting Western
Illinois
University, the reimbursed |
expenses of members of the Board, and the
salaries or |
compensation of the President, assistants, agents and other
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employees of Western Illinois University, shall be a charge |
upon the State
Treasury. All
other expenses shall be chargeable |
against students, and the Board shall
regulate the charges |
accordingly;
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(6) To succeed to and to administer all trusts, trust |
property, and
gifts now or hereafter belonging or pertaining to |
Western Illinois
University;
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(7) To accept endowments of professorships or departments |
in Western
Illinois University from any person who may proffer |
them and, at regular
meetings, to prescribe rules and |
regulations in relation to endowments
and declare on what |
general principles they may be accepted;
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(8) To enter into contracts with the Federal government for |
providing
courses of instruction and other services at Western |
Illinois
University for persons serving in or with the military |
or naval forces
of the United States, and to provide such |
courses of instruction and
other services;
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(9) To contract with respect to the Cooperative Computer |
Center to obtain
services related to electronic data |
processing;
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(10) To provide for the receipt and expenditures of Federal |
funds
paid to Western Illinois University by the Federal |
government for
instruction and other services for persons |
serving in or with the
military or naval forces of the United |
States, and to provide for audits
of such funds;
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(11) To appoint, subject to the applicable civil service |
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law, persons
to be members of the Western Illinois University |
Police Department.
Members of the Police Department shall be |
conservators of the peace and
as such have all powers possessed |
by policemen in cities, and sheriffs,
including the power to |
make arrests on view or warrants of violations of
State |
statutes, University rules and regulations and city or county
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ordinances, except that they may exercise such powers only |
within
counties wherein Western Illinois University and any of |
its branches or
properties
are located when such is required |
for the protection of University
properties and interests, and |
its students and personnel, and otherwise,
within such |
counties, when requested by appropriate State
or local law |
enforcement officials. However, such officers shall have no
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power to serve and execute civil processes.
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The Board must authorize to each member of the Western |
Illinois University
Police
Department
and to any other employee |
of Western Illinois University exercising the powers
of a peace |
officer
a distinct badge
that, on its face, (i) clearly states |
that the badge is authorized by Western
Illinois
University and
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(ii) contains a unique identifying number.
No other badge shall |
be authorized by
Western Illinois University;
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(12) The Board may, directly or in cooperation with other |
institutions
of higher education, acquire by purchase or lease |
or otherwise, and construct,
enlarge, improve, equip, |
complete, operate, control and manage research
and high |
technology parks, together with the necessary lands, |
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buildings,
facilities, equipment, and personal property |
therefor,
to encourage and facilitate (i) the location and |
development of business
and industry in the State of Illinois, |
and (ii) the increased application
and development of |
technology, and (iii) the improvement and development of
the |
State's economy. The Board may lease to nonprofit corporations
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all or any part
of the land, buildings, facilities, equipment |
or other property included
in a research and high technology |
park upon such terms and conditions
as the Board may deem |
advisable and enter into any contract or
agreement with such |
nonprofit corporations as may be necessary or suitable
for the |
construction, financing, operation and maintenance and |
management
of any such park; and may lease to any person, firm, |
partnership or
corporation,
either public or private, any part |
or all of the land, building, facilities,
equipment or other |
property of such park for such purposes and upon such
rentals, |
terms and conditions as the Board may deem advisable; and
may |
finance all or part of the cost of any such park, including the |
purchase,
lease, construction, reconstruction, improvement, |
remodeling, addition to,
and extension and maintenance of all |
or part of such high technology park,
and all equipment and |
furnishings, by legislative appropriations, government
grants, |
contracts, private gifts, loans, receipts from the operation of
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such high technology park, rentals and similar receipts; and |
may make its
other facilities and services available to tenants |
or other occupants of
any such park at rates which are |
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reasonable and appropriate;
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(13) To borrow money, as necessary, from time to time in |
anticipation of receiving tuition, payments from the State of |
Illinois, or other revenues or receipts of the University, also |
known as anticipated moneys. The borrowing limit shall be |
capped at 100% of the total amount of payroll and other expense |
vouchers submitted and payable to the University for fiscal |
year 2010 expenses, but unpaid by the State Comptroller's |
office. Prior to borrowing any funds, the University shall |
request from the Comptroller's office a verification of the |
borrowing limit and shall include the estimated date on which |
such borrowing shall occur. The borrowing limit cap shall be |
verified by the State Comptroller's office not prior to 45 days |
before any estimated date for executing any promissory note or |
line of credit established under this item (13). The principal |
amount borrowed under a promissory note or line of credit shall |
not exceed 75% of the borrowing limit. Within 15 days after |
borrowing funds under any promissory note or line of credit |
established under this item (13), the University shall submit |
to the Governor's Office of Management and Budget, the Speaker |
of the House of Representatives, the Minority Leader of the |
House of Representatives, the President of the Senate, and the |
Minority Leader of the Senate an Emergency Short Term Cash |
Management Plan. The Emergency Short Term Cash Management Plan |
shall outline the amount borrowed, the terms for repayment, the |
amount of outstanding State vouchers as verified by the State |
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Comptroller's office, and the University's plan for |
expenditure of any borrowed funds, including, but not limited |
to, a detailed plan to meet payroll obligations to include |
collective bargaining employees, civil service employees, and |
academic, research, and health care personnel. The |
establishment of any promissory note or line of credit |
established under this item (13) must be finalized within 90 |
days after the effective date of this amendatory Act of the |
96th General Assembly. The borrowed moneys shall be applied to |
the purposes of paying salaries and other expenses lawfully |
authorized in the University's State appropriation and unpaid |
by the State Comptroller. Any line of credit established under |
this item (13) shall be paid in full one year after creation or |
within 10 days after the date the University receives |
reimbursement from the State for all submitted fiscal year 2010 |
vouchers, whichever is earlier. Any promissory note |
established under this item (13) shall be repaid within one |
year after issuance of the note. The Chairman, Comptroller, or |
Treasurer of the Board shall execute a promissory note or |
similar debt instrument to evidence the indebtedness incurred |
by the borrowing. In connection with a borrowing, the Board may |
establish a line of credit with a financial institution, |
investment bank, or broker/dealer.
The obligation to make the |
payments due under any promissory note or line of credit |
established under this item (13) shall be a lawful obligation |
of the University payable from the anticipated moneys. Any |
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borrowing under this item (13) shall not constitute a debt, |
legal or moral, of the State and shall not be enforceable |
against the State. The promissory note or line of credit shall |
be authorized by a resolution passed by the Board and shall be |
valid whether or not a budgeted item with respect to that |
resolution is included in any annual or supplemental budget |
adopted by the Board. The resolution shall set forth facts |
demonstrating the need for the borrowing, state an amount that |
the amount to be borrowed will not exceed, and establish a |
maximum interest rate limit not to exceed the maximum rate |
authorized by the Bond Authorization Act or 9%, whichever is |
less. The resolution may direct the Comptroller or Treasurer of |
the Board to make arrangements to set apart and hold the |
portion of the anticipated moneys, as received, that shall be |
used to repay the borrowing, subject to any prior pledges or |
restrictions with respect to the anticipated moneys. The |
resolution may also authorize the Treasurer of the Board to |
make partial repayments of the borrowing as the anticipated |
moneys become available and may contain any other terms, |
restrictions, or limitations not inconsistent with the powers |
of the Board. |
For the purposes of this item (13), "financial institution" |
means any bank subject to the Illinois Banking Act, any savings |
and loan association subject to the Illinois Savings and Loan |
Act of 1985, and any federally chartered commercial bank or |
savings and loan association or government-sponsored |
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enterprise organized and operated in this State pursuant to the |
laws of the United States. |
(14) To assist in the provision of lands, buildings, and |
facilities that are supportive of University purposes and |
suitable and appropriate for the conduct and operation of the |
University's education programs, the Board may exercise the |
following powers with regard to that part of the Southeast |
Quarter of Section 11, Township 17 North, Range 1 West of the |
4th
Principal Meridian, the boundary which is described as |
follows: |
From the Northeast corner of Lot 33 of Homewood Terrace |
Second Addition to the City of Moline in Rock
Island |
County, Illinois, said corner being the point of beginning |
and being 1272.48 feet
South and 526.23 feet East of the |
center of Section 11; proceed thence South 00
deg.-00'-00" |
West 179.04 feet along the East line of said Homewood |
Terrace Second Addition;
thence South 34 deg.-30'-00" West |
l35.00 feet along the East line of said Homewood Terrace
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Second Addition; thence South 34 deg.-22'-33" East 353.34 |
feet to the East line of the First
Section of Homewood 5th |
Addition to the City of Moline in Rock Island County,
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Illinois; thence South 21 deg.-14'-01" East 448.00 feet |
along the East line of said First
Section of Homewood 5th |
Addition to the North Right-of-Way line of Coaltown Road, |
Moline;
thence North 69 deg.-30'-59" East 13.39 feet along |
the North Right-of-Way of Coaltown
Road; thence |
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Northeasterly 302.69 feet along the North Right-of-Way of |
Coaltown Road around a
circular curve to the Right, said |
curve having an initial tangent bearing of North 69
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deg.-30'-59"
East and a radius of 1950.08 feet; thence |
North 49 deg.-29'-56" East 99.18 feet along the
North |
Right-of-Way
line of Coaltown Road, Moline, to the West |
Right-of-Way line of 60th Street, Moline;
thence North 09 |
deg.-29'-20" West 366.24 feet along the West Right-of-Way |
line of 60th
Street, Moline Right-of-Way monument; thence |
North 10 deg.-10'-03" West 263.50 feet along the
West |
Right-of-Way line of 60th Street, Moline Right-of-Way |
monument; thence North 01
deg.-45'-57" West 81.37 feet |
along the West line of 60th Street, Moline; thence |
Northwesterly 581.39
feet around a circular curve to the |
right, said curve having an initial tangent bearing of |
South 89
deg.-27'-55" West and a radius of 1085.00 feet to |
the point of beginning; Situated in Rock Island County, |
Illinois. |
(A) The Board may sell, lease, or otherwise transfer |
and convey all or part of the real estate described in this |
item (14), together with the improvements situated |
thereon, to a bona fide purchaser for value, without |
compliance with the State Property Control Act and on such |
terms as the Board shall determine are in the best |
interests of the University and consistent with its objects |
and purposes. |
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(B) The Board may retain the proceeds from the sale, |
lease, or other transfer of all or any part of the real |
estate described in this item (14) in the University |
treasury, in a special, separate development fund account |
that the Auditor General shall examine to ensure the use or |
deposit of those proceeds in a manner consistent with |
subdivision (C) of this item (14). |
(C) Revenues from the development fund account may be |
withdrawn by the University for the purpose of demolition |
and the processes associated with demolition; routine land |
and property acquisition; streetscape work; landscape |
work; lease and lease purchase arrangements and the |
professional services associated with planning and |
development; surface and structure parking; sidewalks, |
recreational paths, and street construction; utility |
infrastructure; historic preservation; and building |
rehabilitation. Money from the development fund account |
used for any other purpose must be deposited into and |
appropriated from the General Revenue Fund. Buildings or |
facilities leased to an entity or person other than the |
University are not subject to any limitations applicable to |
a State-supported college or university under any law. All |
development on the land and all use of any buildings or |
facilities is subject to the control and approval of the |
Board. |
(Source: P.A. 96-909, eff. 6-8-10; 97-333, eff. 8-12-11.)
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