Bill Amendment: IL SB0448 | 2017-2018 | 100th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: SIU SCHOOL OF DENTAL MEDICINE

Status: 2017-08-25 - Public Act . . . . . . . . . 100-0400 [SB0448 Detail]

Download: Illinois-2017-SB0448-Senate_Amendment_001.html

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Sen. James F. Clayborne, Jr.

Filed: 4/5/2017

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AMENDMENT TO SENATE BILL 448
AMENDMENT NO. ______. Amend Senate Bill 448 by replacing
everything after the enacting clause with the following:
"Section 5. The Southern Illinois University Management
Act is amended by changing Section 8 as follows:
(110 ILCS 520/8) (from Ch. 144, par. 658)
Sec. 8. Powers and Duties of the Board. The Board shall
have power and it shall be its duty:
1. To make rules, regulations and by-laws, not
inconsistent with law, for the government and management of
Southern Illinois University and its branches.
2. To employ, and, for good cause, to remove a
president of Southern Illinois University, and all
necessary deans, professors, associate professors,
assistant professors, instructors, and other educational
and administrative assistants, and all other necessary

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employees, and contract with them upon matters relating to
tenure, salaries and retirement benefits in accordance
with the State Universities Civil Service Act; the Board
shall, upon the written request of an employee of Southern
Illinois University, withhold from the compensation of
that employee any dues, payments or contributions payable
by such employee to any labor organization as defined in
the Illinois Educational Labor Relations Act. Under such
arrangement, an amount shall be withheld from each regular
payroll period which is equal to the pro rata share of the
annual dues plus any payments or contributions, and the
Board shall transmit such withholdings to the specified
labor organization within 10 working days from the time of
the withholding. Whenever the Board establishes a search
committee to fill the position of president of Southern
Illinois University, there shall be minority
representation, including women, on that search committee.
3. To prescribe the course of study to be followed, and
textbooks and apparatus to be used at Southern Illinois
University.
4. To issue upon the recommendation of the faculty,
diplomas to such persons as have satisfactorily completed
the required studies of Southern Illinois University, and
confer such professional and literary degrees as are
usually conferred by other institutions of like character
for similar or equivalent courses of study, or such as the

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Board may deem appropriate.
5. To examine into the conditions, management, and
administration of Southern Illinois University, to provide
the requisite buildings, apparatus, equipment and
auxiliary enterprises, and to fix and collect
matriculation fees; tuition fees; fees for student
activities; fees for student facilities such as student
union buildings or field houses or stadium or other
recreational facilities; student welfare fees; laboratory
fees and similar fees for supplies and material.
6. To succeed to and to administer all trusts, trust
property, and gifts now or hereafter belonging or
pertaining to Southern Illinois University.
7. To accept endowments of professorships or
departments in the University from any person who may
proffer them and, at regular meetings, to prescribe rules
and regulations in relation to endowments and declare on
what general principles they may be accepted.
8. To enter into contracts with the Federal government
for providing courses of instruction and other services at
Southern Illinois University for persons serving in or with
the military or naval forces of the United States, and to
provide such courses of instruction and other services.
9. To provide for the receipt and expenditures of
Federal funds, paid to the Southern Illinois University by
the Federal government for instruction and other services

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for persons serving in or with the military or naval forces
of the United States and to provide for audits of such
funds.
10. To appoint, subject to the applicable civil service
law, persons to be members of the Southern Illinois
University Police Department. Members of the Police
Department shall be conservators of the peace and as such
have all powers possessed by policemen in cities, and
sheriffs, including the power to make arrests on view or
warrants of violations of state statutes, university rules
and regulations and city or county ordinances, except that
they may exercise such powers only within counties wherein
the university and any of its branches or properties are
located when such is required for the protection of
university properties and interests, and its students and
personnel, and otherwise, within such counties, when
requested by appropriate State or local law enforcement
officials. However, such officers shall have no power to
serve and execute civil processes.
The Board must authorize to each member of the Southern
Illinois University Police Department and to any other
employee of Southern Illinois University exercising the
powers of a peace officer a distinct badge that, on its
face, (i) clearly states that the badge is authorized by
Southern Illinois University and (ii) contains a unique
identifying number. No other badge shall be authorized by

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Southern Illinois University.
10.5. To conduct health care programs in furtherance of
its teaching, research, and public service functions,
which shall include without limitation patient and
ancillary facilities, institutes, clinics, or offices
owned, leased, or purchased through an equity interest by
the Board or its appointed designee to carry out such
activities in the course of or in support of the Board's
academic, clinical, and public service responsibilities.
11. To administer a plan or plans established by the
clinical faculty of the School of Medicine or the School of
Dental Medicine for the billing, collection and
disbursement of charges for services performed in the
course of or in support of the faculty's academic
responsibilities, provided that such plan has been first
approved by Board action. All such collections shall be
deposited into a special fund or funds administered by the
Board from which disbursements may be made according to the
provisions of said plan. The reasonable costs incurred, by
the University, administering the billing, collection and
disbursement provisions of a plan shall have first priority
for payment before distribution or disbursement for any
other purpose. Audited financial statements of the plan or
plans must be provided to the Legislative Audit Commission
annually.
The Board of Trustees may own, operate, or govern, by

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or through the School of Medicine, a managed care community
network established under subsection (b) of Section 5-11 of
the Illinois Public Aid Code.
12. The Board of Trustees may, directly or in
cooperation with other institutions of higher education,
acquire by purchase or lease or otherwise, and construct,
enlarge, improve, equip, complete, operate, control and
manage medical research and high technology parks,
together with the necessary lands, buildings, facilities,
equipment, and personal property therefor, to encourage
and facilitate (a) the location and development of business
and industry in the State of Illinois, and (b) the
increased application and development of technology and
(c) the improvement and development of the State's economy.
The Board of Trustees may lease to nonprofit corporations
all or any part of the land, buildings, facilities,
equipment or other property included in a medical research
and high technology park upon such terms and conditions as
the Board of Trustees may deem advisable and enter into any
contract or agreement with such nonprofit corporations as
may be necessary or suitable for the construction,
financing, operation and maintenance and management of any
such park; and may lease to any person, firm, partnership
or corporation, either public or private, any part or all
of the land, building, facilities, equipment or other
property of such park for such purposes and upon such

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rentals, terms and conditions as the Board of Trustees may
deem advisable; and may finance all or part of the cost of
any such park, including the purchase, lease,
construction, reconstruction, improvement, remodeling,
addition to, and extension and maintenance of all or part
of such high technology park, and all equipment and
furnishings, by legislative appropriations, government
grants, contracts, private gifts, loans, receipts from the
operation of such high technology park, rentals and similar
receipts; and may make its other facilities and services
available to tenants or other occupants of any such park at
rates which are reasonable and appropriate.
13. To borrow money, as necessary, from time to time in
anticipation of receiving tuition, payments from the State
of Illinois, or other revenues or receipts of the
University, also known as anticipated moneys. The
borrowing limit shall be capped at 100% of the total amount
of payroll and other expense vouchers submitted and payable
to the University for fiscal year 2010 expenses, but unpaid
by the State Comptroller's office. Prior to borrowing any
funds, the University shall request from the Comptroller's
office a verification of the borrowing limit and shall
include the estimated date on which such borrowing shall
occur. The borrowing limit cap shall be verified by the
State Comptroller's office not prior to 45 days before any
estimated date for executing any promissory note or line of

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credit established under this item 13. The principal amount
borrowed under a promissory note or line of credit shall
not exceed 75% of the borrowing limit. Within 15 days after
borrowing funds under any promissory note or line of credit
established under this item 13, the University shall submit
to the Governor's Office of Management and Budget, the
Speaker of the House of Representatives, the Minority
Leader of the House of Representatives, the President of
the Senate, and the Minority Leader of the Senate an
Emergency Short Term Cash Management Plan. The Emergency
Short Term Cash Management Plan shall outline the amount
borrowed, the terms for repayment, the amount of
outstanding State vouchers as verified by the State
Comptroller's office, and the University's plan for
expenditure of any borrowed funds, including, but not
limited to, a detailed plan to meet payroll obligations to
include collective bargaining employees, civil service
employees, and academic, research, and health care
personnel. The establishment of any promissory note or line
of credit established under this item 13 must be finalized
within 90 days after the effective date of this amendatory
Act of the 96th General Assembly. The borrowed moneys shall
be applied to the purposes of paying salaries and other
expenses lawfully authorized in the University's State
appropriation and unpaid by the State Comptroller. Any line
of credit established under this item 13 shall be paid in

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full one year after creation or within 10 days after the
date the University receives reimbursement from the State
for all submitted fiscal year 2010 vouchers, whichever is
earlier. Any promissory note established under this item 13
shall be repaid within one year after issuance of the note.
The Chairman, Comptroller, or Treasurer of the Board shall
execute a promissory note or similar debt instrument to
evidence the indebtedness incurred by the borrowing. In
connection with a borrowing, the Board may establish a line
of credit with a financial institution, investment bank, or
broker/dealer. The obligation to make the payments due
under any promissory note or line of credit established
under this item 13 shall be a lawful obligation of the
University payable from the anticipated moneys. Any
borrowing under this item 13 shall not constitute a debt,
legal or moral, of the State and shall not be enforceable
against the State. The promissory note or line of credit
shall be authorized by a resolution passed by the Board and
shall be valid whether or not a budgeted item with respect
to that resolution is included in any annual or
supplemental budget adopted by the Board. The resolution
shall set forth facts demonstrating the need for the
borrowing, state an amount that the amount to be borrowed
will not exceed, and establish a maximum interest rate
limit not to exceed the maximum rate authorized by the Bond
Authorization Act or 9%, whichever is less. The resolution

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may direct the Comptroller or Treasurer of the Board to
make arrangements to set apart and hold the portion of the
anticipated moneys, as received, that shall be used to
repay the borrowing, subject to any prior pledges or
restrictions with respect to the anticipated moneys. The
resolution may also authorize the Treasurer of the Board to
make partial repayments of the borrowing as the anticipated
moneys become available and may contain any other terms,
restrictions, or limitations not inconsistent with the
powers of the Board.
For the purposes of this item 13, "financial
institution" means any bank subject to the Illinois Banking
Act, any savings and loan association subject to the
Illinois Savings and Loan Act of 1985, and any federally
chartered commercial bank or savings and loan association
or government-sponsored enterprise organized and operated
in this State pursuant to the laws of the United States.
The powers of the Board as herein designated are subject to
the Board of Higher Education Act.
(Source: P.A. 96-909, eff. 6-8-10; 97-333, eff. 8-12-11.)
Section 99. Effective date. This Act takes effect upon
becoming law.".