Bill Text: IL HB1292 | 2017-2018 | 100th General Assembly | Engrossed


Bill Title: Amends the College Campus Press Act. Makes a technical change in a Section concerning the short title.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Failed) 2019-01-08 - Session Sine Die [HB1292 Detail]

Download: Illinois-2017-HB1292-Engrossed.html



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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 Transportation Cooperation Act of 1971 is
5amended by changing Section 2 as follows:
6 (5 ILCS 225/2) (from Ch. 111 2/3, par. 602)
7 Sec. 2. For the purposes of this Act:
8 (a) "Railroad passenger service" means any railroad
9passenger service within the State of Illinois, including the
10equipment and facilities used in connection therewith, with the
11exception of the basic system operated by the National Railroad
12Passenger Corporation pursuant to Title II and Section 403(a)
13of the Federal Rail Passenger Service Act of 1970.
14 (b) "Federal Railroad Corporation" means the National
15Railroad Passenger Corporation established pursuant to an Act
16of Congress known as the "Rail Passenger Service Act of 1970."
17 (c) "Transportation system" means any and all modes of
18public transportation within the State, including, but not
19limited to, transportation of persons or property by rapid
20transit, rail, bus, and aircraft, and all equipment, facilities
21and property, real and personal, used in connection therewith.
22 (d) "Carrier" means any corporation, authority,
23partnership, association, person or district authorized to

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1maintain a transportation system within the State with the
2exception of the Federal Railroad Corporation.
3 (e) "Units of local government" means cities, villages,
4incorporated towns, counties, municipalities, townships, and
5special districts, including any district created pursuant to
6the "Local Mass Transit District Act", approved July 21, 1959,
7as amended; any Authority created pursuant to the "Metropolitan
8Transit Authority Act", approved April 12, 1945, as amended;
9and, any authority, commission or other entity which by virtue
10of an interstate compact approved by Congress is authorized to
11provide mass transportation.
12 (f) "Universities" means all public institutions of higher
13education as defined in an "Act creating a Board of Higher
14Education, defining its powers and duties, making an
15appropriation therefor, and repealing an Act herein named",
16approved August 22, 1961, as amended, and all private
17institutions of higher education as defined in the Illinois
18Finance Authority Act.
19 (g) "Department" means the Illinois Department of
20Transportation, or such other department designated by law to
21perform the duties and functions of the Illinois Department of
22Transportation prior to January 1, 1972.
23 (h) "Association" means any Transportation Service
24Association created pursuant to Section 4 of this Act.
25 (i) "Contracting Parties" means any units of local
26government or universities which have associated and joined

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1together pursuant to Section 3 of this Act.
2 (j) "Governing authorities" means (1) the city council or
3similar legislative body of a city; (2) the board of trustees
4or similar body of a village or incorporated town; (3) the
5council of a municipality under the commission form of
6municipal government; (4) the board of trustees in a township;
7(5) the Board of Trustees of the University of Illinois, the
8Board of Trustees of Southern Illinois University at
9Carbondale, the Board of Trustees of Southern Illinois
10University at Edwardsville, the Board of Trustees of Chicago
11State University, the Board of Trustees of Eastern Illinois
12University, the Board of Trustees of Governors State
13University, the Board of Trustees of Illinois State University,
14the Board of Trustees of Northeastern Illinois University, the
15Board of Trustees of Northern Illinois University, the Board of
16Trustees of Western Illinois University, and the Illinois
17Community College Board; (6) the county board of a county; and
18(7) the trustees, commissioners, board members, or directors of
19a university, special district, authority or similar agency.
20(Source: P.A. 93-205, eff. 1-1-04.)
21 Section 10. The Official Bond Act is amended by changing
22Section 14.3 as follows:
23 (5 ILCS 260/14.3) (from Ch. 103, par. 14.3)
24 Sec. 14.3. All departments, boards, bureaus, commissions,

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1authorities, or other units of State government, except the
2Board of Trustees of Chicago State University, the Board of
3Trustees of Eastern Illinois University, the Board of Trustees
4of Governors State University, the Board of Trustees of
5Illinois State University, the Board of Trustees of
6Northeastern Illinois University, the Board of Trustees of
7Northern Illinois University, the Board of Trustees of Western
8Illinois University, the Board of Trustees of the University of
9Illinois, and the Board of Trustees of Southern Illinois
10University at Carbondale, and the Board of Trustees of Southern
11Illinois University at Edwardsville, that bond officers or
12employees who are not required by law to obtain bonds to
13qualify for office or employment, shall effect such bonding
14through the Department of Central Management Services by
15inclusion in the blanket bond or bonds or self-insurance
16program provided for in Sections 14.1 and 14.2 of this Act.
17(Source: P.A. 89-4, eff. 1-1-96.)
18 Section 15. The Voluntary Payroll Deductions Act of 1983 is
19amended by changing Sections 4 and 5 as follows:
20 (5 ILCS 340/4) (from Ch. 15, par. 504)
21 Sec. 4. Employee withholding. An employee may authorize
22the withholding of a portion of his or her salary or wages for
23contribution to a maximum number of 4 organizations described
24in paragraphs (b) and (c) of Section 3 of this Act. A

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1department, board, body, agency or commission may direct the
2State Comptroller to deduct, and the University of Illinois,
3Southern Illinois University at Carbondale, Southern Illinois
4University at Edwardsville, Chicago State University, Eastern
5Illinois University, Governors State University, Illinois
6State University, Northeastern Illinois University, Northern
7Illinois University, and Western Illinois University may
8deduct, upon written request of a State employee, for each
9regular payroll period, from the salary or wages of the
10employee the amount specified in the written request for
11payment to the organization designated by the employee. The
12moneys so deducted shall be paid over promptly to the
13organizations designated by the employee by means of warrants
14drawn by the State Comptroller, the University of Illinois,
15Southern Illinois University at Carbondale, Southern Illinois
16University at Edwardsville, Chicago State University, Eastern
17Illinois University, Governors State University, Illinois
18State University, Northeastern Illinois University, Northern
19Illinois University, and Western Illinois University, against
20the appropriation for personal services of the department,
21board, body, agency or commission by which such employee is
22employed.
23 Such deductions may be made notwithstanding that the
24compensation paid in cash to such employee is thereby reduced
25below the minimum prescribed by law. Payment to such employee
26of compensation less such deduction shall constitute a full and

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1complete discharge and acquittance of all claims and demands
2whatsoever for the services rendered by such employee during
3the period covered by such payment.
4 Such request for deduction may be withdrawn at any time by
5filing a written notification of withdrawal with the
6department, board, body, agency or commission, the University
7of Illinois, Southern Illinois University at Carbondale,
8Southern Illinois University at Edwardsville, Chicago State
9University, Eastern Illinois University, Governors State
10University, Illinois State University, Northeastern Illinois
11University, Northern Illinois University, or Western Illinois
12University, by which such employee is employed.
13(Source: P.A. 91-896, eff. 7-6-00.)
14 (5 ILCS 340/5) (from Ch. 15, par. 505)
15 Sec. 5. Rules; Advisory Committee. The State Comptroller
16shall promulgate and issue reasonable rules and regulations as
17deemed necessary for the administration of this Act.
18 However, all solicitations of State employees for
19contributions at their workplace and all solicitations of State
20annuitants for contributions shall be in accordance with rules
21promulgated by the Governor or his or her designee or other
22agency as may be designated by the Governor. All solicitations
23of State annuitants for contributions shall also be in
24accordance with the rules promulgated by the applicable
25retirement system.

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1 The rules promulgated by the Governor or his or her
2designee or other agency as designated by the Governor shall
3include a Code of Campaign Conduct that all qualified
4organizations and United Funds shall subscribe to in writing,
5sanctions for violations of the Code of Campaign Conduct,
6provision for the handling of cash contributions, provision for
7an Advisory Committee, provisions for the allocation of
8expenses among the participating organizations, an
9organizational plan and structure whereby responsibilities are
10set forth for the appropriate State employees or State
11annuitants and the participating organizations, and any other
12matters that are necessary to accomplish the purposes of this
13Act.
14 The Governor or the Governor's designee shall promulgate
15rules to establish the composition and the duties of the
16Advisory Committee. The Governor or the Governor's designee
17shall make appointments to the Advisory Committee. The powers
18of the Advisory Committee shall include, at a minimum, the
19ability to impose the sanctions authorized by rule. Each State
20agency and each retirement system shall file an annual report
21that sets forth, for the prior calendar year, (i) the total
22amount of money contributed to each qualified organization and
23united fund through both payroll deductions and cash
24contributions, (ii) the number of employees or State annuitants
25who have contributed to each qualified organization and united
26fund, and (iii) any other information required by the rules.

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1The report shall not include the names of any contributing or
2non-contributing employees or State annuitants. The report
3shall be filed with the Advisory Committee no later than March
415. The report shall be available for inspection.
5 Other constitutional officers, retirement systems, the
6University of Illinois, Southern Illinois University at
7Carbondale, Southern Illinois University at Edwardsville,
8Chicago State University, Eastern Illinois University,
9Governors State University, Illinois State University,
10Northeastern Illinois University, Northern Illinois
11University, and Western Illinois University shall be governed
12by the rules promulgated pursuant to this Section, unless such
13entities adopt their own rules governing solicitation of
14contributions at the workplace.
15 All rules promulgated pursuant to this Section shall not
16discriminate against one or more qualified organizations or
17United Funds.
18(Source: P.A. 90-799, eff. 6-1-99; 91-896, eff. 7-6-00.)
19 Section 20. The State Salary and Annuity Withholding Act is
20amended by changing Section 2 as follows:
21 (5 ILCS 365/2) (from Ch. 127, par. 352)
22 Sec. 2. Definitions. As used in this Act, unless the
23context otherwise requires:
24 "Office" means the State Comptroller, the Board of Trustees

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1of the State Universities Retirement System, or the Board of
2Trustees of any of the following institutions: the University
3of Illinois, Southern Illinois University at Carbondale,
4Southern Illinois University at Edwardsville, Chicago State
5University, Eastern Illinois University, Governors State
6University, Illinois State University, Northeastern Illinois
7University, Northern Illinois University, and Western Illinois
8University.
9 "Department" means any department, board, commission,
10institution, officer, court, or agency of State government,
11other than the University of Illinois, Southern Illinois
12University at Carbondale, Southern Illinois University at
13Edwardsville, Chicago State University, Eastern Illinois
14University, Governors State University, Illinois State
15University, Northeastern Illinois University, Northern
16Illinois University, and Western Illinois University,
17receiving State appropriations and having the power to certify
18payrolls to the Comptroller authorizing payments of salary or
19wages from appropriations from any State fund or from trust
20funds held by the State Treasurer; and the Board of Trustees of
21the General Assembly Retirement System, the Board of Trustees
22of the State Employees' Retirement System of Illinois, the
23Board of Trustees of the Teachers' Retirement System of the
24State of Illinois, and the Board of Trustees of the Judges
25Retirement System of Illinois created respectively by Articles
262, 14, 16, and 18 of the Illinois Pension Code.

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1 "Employee" means any regular officer or employee who
2receives salary or wages for personal service rendered to the
3State of Illinois and, for the purpose of deduction for the
4purchase of United States Savings Bonds, includes any State
5contractual employee.
6 "Annuitant" means a person receiving a retirement annuity
7or disability benefits under Article 2, 14, 15, 16, or 18 of
8the Illinois Pension Code.
9 "Annuity" means the retirement annuity or disability
10benefits received by an annuitant.
11(Source: P.A. 89-4, eff. 1-1-96; 90-14, eff. 7-1-97; 90-448,
12eff. 8-16-97.)
13 Section 25. The State Employment Records Act is amended by
14changing Section 10 as follows:
15 (5 ILCS 410/10)
16 Sec. 10. Definitions. As used in this Act:
17 (a) "Agency work force" means those persons employed by a
18State agency who are part of the State work force.
19 (b) "Contractual services employee" means a person
20employed by the State, or a State supported institution of
21higher education, under a written contract and paid by a State
22system CO-2 voucher (or its administrative equivalent) whose
23daily duties and responsibilities are directly or indirectly
24supervised or managed by a person paid by a payroll warrant (or

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1its administrative equivalent) funded by State funds or pass
2through funds.
3 (c) "Agency" or "State agency" means those entities
4included in the definition of "State agencies" in the Illinois
5State Auditing Act.
6 (d) "Minority" means a person who is any of the following:
7 (1) American Indian or Alaska Native (a person having
8 origins in any of the original peoples of North and South
9 America, including Central America, and who maintains
10 tribal affiliation or community attachment).
11 (2) Asian (a person having origins in any of the
12 original peoples of the Far East, Southeast Asia, or the
13 Indian subcontinent, including, but not limited to,
14 Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
15 the Philippine Islands, Thailand, and Vietnam).
16 (3) Black or African American (a person having origins
17 in any of the black racial groups of Africa). Terms such as
18 "Haitian" or "Negro" can be used in addition to "Black or
19 African American".
20 (4) Hispanic or Latino (a person of Cuban, Mexican,
21 Puerto Rican, South or Central American, or other Spanish
22 culture or origin, regardless of race).
23 (5) Native Hawaiian or Other Pacific Islander (a person
24 having origins in any of the original peoples of Hawaii,
25 Guam, Samoa, or other Pacific Islands).
26 (e) "Professional employee" means a person employed to

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1perform employment duties requiring academic training,
2evidenced by a graduate or advanced degree from an accredited
3institution of higher education, and who, in the performance of
4those employment duties, may only engage in active practice of
5the academic training received when licensed or certified by
6the State of Illinois.
7 (f) "State employee" means any person employed within the
8State work force.
9 (g) "State work force" means all persons employed by the
10State of Illinois as evidenced by:
11 (1) the total number of all payroll warrants (or their
12 administrative equivalent) issued by the Comptroller to
13 pay:
14 (i) persons subject to the Personnel Code; and
15 (ii) for the sole purpose of providing accurate
16 statistical information, all persons exempt from the
17 Personnel Code; and
18 (2) the total number of payroll warrants (or their
19 administrative equivalent) funded by State appropriation
20 which are issued by educational institutions governed by
21 the Board of Trustees of the University of Illinois, the
22 Board of Trustees of Southern Illinois University at
23 Carbondale, the Board of Trustees of Southern Illinois
24 University at Edwardsville, the Board of Trustees of
25 Chicago State University, the Board of Trustees of Eastern
26 Illinois University, the Board of Trustees of Governors

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1 State University, the Board of Trustees of Illinois State
2 University, the Board of Trustees of Northeastern Illinois
3 University, the Board of Trustees of Northern Illinois
4 University, and the Board of Trustees of Western Illinois
5 University the Board of Governors of State Colleges and
6 Universities, and the Board of Regents; and
7 (3) the total number of contractual payroll system CO-2
8 vouchers (or their administrative equivalent) funded by
9 State revenues and issued by:
10 (i) the State Comptroller; and
11 (ii) the issuing agents of the educational
12 institutions listed in subdivision (2) of this
13 subsection (g).
14"State work force" does not, however, include persons holding
15elective State office.
16(Source: P.A. 97-396, eff. 1-1-12.)
17 Section 30. The Illinois Governmental Ethics Act is amended
18by changing Section 4A-101 as follows:
19 (5 ILCS 420/4A-101) (from Ch. 127, par. 604A-101)
20 Sec. 4A-101. Persons required to file. The following
21persons shall file verified written statements of economic
22interests, as provided in this Article:
23 (a) Members of the General Assembly and candidates for
24 nomination or election to the General Assembly.

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1 (b) Persons holding an elected office in the Executive
2 Branch of this State, and candidates for nomination or
3 election to these offices.
4 (c) Members of a Commission or Board created by the
5 Illinois Constitution, and candidates for nomination or
6 election to such Commission or Board.
7 (d) Persons whose appointment to office is subject to
8 confirmation by the Senate and persons appointed by the
9 Governor to any other position on a board or commission
10 described in subsection (a) of Section 15 of the
11 Gubernatorial Boards and Commissions Act.
12 (e) Holders of, and candidates for nomination or
13 election to, the office of judge or associate judge of the
14 Circuit Court and the office of judge of the Appellate or
15 Supreme Court.
16 (f) Persons who are employed by any branch, agency,
17 authority or board of the government of this State,
18 including but not limited to, the Illinois State Toll
19 Highway Authority, the Illinois Housing Development
20 Authority, the Illinois Community College Board, and
21 institutions under the jurisdiction of the Board of
22 Trustees of the University of Illinois, Board of Trustees
23 of Southern Illinois University at Carbondale, Board of
24 Trustees of Southern Illinois University at Edwardsville,
25 Board of Trustees of Chicago State University, Board of
26 Trustees of Eastern Illinois University, Board of Trustees

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1 of Governor's State University, Board of Trustees of
2 Illinois State University, Board of Trustees of
3 Northeastern Illinois University, Board of Trustees of
4 Northern Illinois University, Board of Trustees of Western
5 Illinois University, or Board of Trustees of the Illinois
6 Mathematics and Science Academy, and are compensated for
7 services as employees and not as independent contractors
8 and who:
9 (1) are, or function as, the head of a department,
10 commission, board, division, bureau, authority or
11 other administrative unit within the government of
12 this State, or who exercise similar authority within
13 the government of this State;
14 (2) have direct supervisory authority over, or
15 direct responsibility for the formulation,
16 negotiation, issuance or execution of contracts
17 entered into by the State in the amount of $5,000 or
18 more;
19 (3) have authority for the issuance or
20 promulgation of rules and regulations within areas
21 under the authority of the State;
22 (4) have authority for the approval of
23 professional licenses;
24 (5) have responsibility with respect to the
25 financial inspection of regulated nongovernmental
26 entities;

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1 (6) adjudicate, arbitrate, or decide any judicial
2 or administrative proceeding, or review the
3 adjudication, arbitration or decision of any judicial
4 or administrative proceeding within the authority of
5 the State;
6 (7) have supervisory responsibility for 20 or more
7 employees of the State;
8 (8) negotiate, assign, authorize, or grant naming
9 rights or sponsorship rights regarding any property or
10 asset of the State, whether real, personal, tangible,
11 or intangible; or
12 (9) have responsibility with respect to the
13 procurement of goods or services.
14 (g) Persons who are elected to office in a unit of
15 local government, and candidates for nomination or
16 election to that office, including regional
17 superintendents of school districts.
18 (h) Persons appointed to the governing board of a unit
19 of local government, or of a special district, and persons
20 appointed to a zoning board, or zoning board of appeals, or
21 to a regional, county, or municipal plan commission, or to
22 a board of review of any county, and persons appointed to
23 the Board of the Metropolitan Pier and Exposition Authority
24 and any Trustee appointed under Section 22 of the
25 Metropolitan Pier and Exposition Authority Act, and
26 persons appointed to a board or commission of a unit of

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1 local government who have authority to authorize the
2 expenditure of public funds. This subsection does not apply
3 to members of boards or commissions who function in an
4 advisory capacity.
5 (i) Persons who are employed by a unit of local
6 government and are compensated for services as employees
7 and not as independent contractors and who:
8 (1) are, or function as, the head of a department,
9 division, bureau, authority or other administrative
10 unit within the unit of local government, or who
11 exercise similar authority within the unit of local
12 government;
13 (2) have direct supervisory authority over, or
14 direct responsibility for the formulation,
15 negotiation, issuance or execution of contracts
16 entered into by the unit of local government in the
17 amount of $1,000 or greater;
18 (3) have authority to approve licenses and permits
19 by the unit of local government; this item does not
20 include employees who function in a ministerial
21 capacity;
22 (4) adjudicate, arbitrate, or decide any judicial
23 or administrative proceeding, or review the
24 adjudication, arbitration or decision of any judicial
25 or administrative proceeding within the authority of
26 the unit of local government;

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1 (5) have authority to issue or promulgate rules and
2 regulations within areas under the authority of the
3 unit of local government; or
4 (6) have supervisory responsibility for 20 or more
5 employees of the unit of local government.
6 (j) Persons on the Board of Trustees of the Illinois
7 Mathematics and Science Academy.
8 (k) Persons employed by a school district in positions
9 that require that person to hold an administrative or a
10 chief school business official endorsement.
11 (l) Special government agents. A "special government
12 agent" is a person who is directed, retained, designated,
13 appointed, or employed, with or without compensation, by or
14 on behalf of a statewide executive branch constitutional
15 officer to make an ex parte communication under Section
16 5-50 of the State Officials and Employees Ethics Act or
17 Section 5-165 of the Illinois Administrative Procedure
18 Act.
19 (m) Members of the board of commissioners of any flood
20 prevention district created under the Flood Prevention
21 District Act or the Beardstown Regional Flood Prevention
22 District Act.
23 (n) Members of the board of any retirement system or
24 investment board established under the Illinois Pension
25 Code, if not required to file under any other provision of
26 this Section.

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1 (o) Members of the board of any pension fund
2 established under the Illinois Pension Code, if not
3 required to file under any other provision of this Section.
4 (p) Members of the investment advisory panel created
5 under Section 20 of the Illinois Prepaid Tuition Act.
6 This Section shall not be construed to prevent any unit of
7local government from enacting financial disclosure
8requirements that mandate more information than required by
9this Act.
10(Source: P.A. 96-6, eff. 4-3-09; 96-543, eff. 8-17-09; 96-555,
11eff. 8-18-09; 96-1000, eff. 7-2-10; 97-309, eff. 8-11-11;
1297-754, eff. 7-6-12.)
13 Section 35. The State Comptroller Act is amended by
14changing Sections 13, 13.1, and 21 as follows:
15 (15 ILCS 405/13) (from Ch. 15, par. 213)
16 Sec. 13. Payment of salaries of State employees - Schedule.
17The comptroller shall prepare a schedule showing the dates on
18which all employees of the State shall be paid. All employees
19shall be paid at least semi-monthly, except that employees of
20the University of Illinois, Chicago State University, Eastern
21Illinois University, Governors State University, Illinois
22State University, Northeastern Illinois University, Northern
23Illinois University, Western Illinois University, and Southern
24Illinois University at Carbondale, and Southern Illinois

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1University at Edwardsville who are not subject to the State
2Universities Civil Service System shall be paid at least once
3each month. No payment shall be made before the completion of
4the period for which the compensation is being paid, except
5that employees leaving the service of the State may be paid at
6the termination of their period of employment.
7 Such schedule shall be prepared showing such dates of
8payment so as to provide as far as is practical, an even flow
9of work for issuance of warrants in payment of personal
10services.
11 In making payments for a fractional part of a pay period,
12that part of the regular compensation for the period shall be
13paid represented by a fraction, the numerator being the number
14of days worked and the denominator being the number of work
15days in the period. However, in making payments for a
16fractional part of a pay period for positions subject to the
17jurisdiction of the Department of Central Management Services,
18that part of the regular compensation shall be paid by
19deducting an amount determined by multiplying the number of
20work days without pay by the applicable daily rate as defined
21within the Department of Central Management Services Pay Plan.
22 In employments of a teaching or professional nature in
23connection with the educational, charitable, penal or
24reformatory institutions, where the compensation of an
25employee is based upon an annual salary, a teaching or
26professional year may be substituted for a calendar year in

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1determining the pay schedule.
2(Source: P.A. 89-4, eff. 1-1-96.)
3 (15 ILCS 405/13.1) (from Ch. 15, par. 213.1)
4 Sec. 13.1. Compliance with State Employment Records Act.
5The Comptroller, for the purpose of facilitating an accurate
6compilation of the entire State work force as defined and
7required by the State Employment Records Act, shall report, on
8a fiscal year basis, the total number of payroll warrants drawn
9for the payment of salaries for State employees, including
10contractual payroll system CO-2 vouchers (or their
11administrative equivalent) or any other information necessary
12to comply with that Act. The State Employment Records (SER)
13report shall be maintained and kept on file as public
14information within the Office of the Comptroller.
15 The total number of payroll warrants drawn by the Board of
16Trustees of the University of Illinois, the Board of Trustees
17of Southern Illinois University at Carbondale, the Board of
18Trustees of Southern Illinois University at Edwardsville, the
19Board of Trustees of Chicago State University, the Board of
20Trustees of Eastern Illinois University, the Board of Trustees
21of Governors State University, the Board of Trustees of
22Illinois State University, the Board of Trustees of
23Northeastern Illinois University, the Board of Trustees of
24Northern Illinois University, the Board of Trustees of Western
25Illinois University, the Board of Governors of State Colleges

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1and Universities, the Board of Regents and all educational
2institutions governed by those boards to be paid from funds
3retained in their own treasuries shall be filed with the Office
4of the Secretary of State by the respective boards and
5educational institutions in the same manner.
6 Multiple payroll warrants issued to the same person shall
7be noted with multiple warrants counted and reported as one
8payroll warrant count for the purposes of the State Employment
9Records Act. The total State remuneration to persons paid by
10multiple payroll warrants or, if applicable, contractual
11payroll system CO-2 vouchers, or both, shall be reported
12separately by agency.
13(Source: P.A. 87-1211.)
14 (15 ILCS 405/21) (from Ch. 15, par. 221)
15 Sec. 21. Rules and Regulations - Imprest accounts. The
16Comptroller shall promulgate rules and regulations to
17implement the exercise of his or her powers and performance of
18his or her duties under this Act and to guide and assist State
19agencies in complying with this Act. Any rule or regulation
20specifically requiring the approval of the State Treasurer
21under this Act for adoption by the Comptroller shall require
22the approval of the State Treasurer for modification or repeal.
23 The Comptroller may provide in his or her rules and
24regulations for periodic transfers, with the approval of the
25State Treasurer, for use in accordance with the imprest system,

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1subject to the rules and regulations of the Comptroller as
2respects vouchers, controls and reports, as follows:
3 (a) To the University of Illinois, Southern Illinois
4 University at Carbondale, Southern Illinois University at
5 Edwardsville, Chicago State University, Eastern Illinois
6 University, Governors State University, Illinois State
7 University, Northeastern Illinois University, Northern
8 Illinois University, Western Illinois University, and
9 State Community College of East St. Louis under the
10 jurisdiction of the Illinois Community College Board
11 (abolished under Section 2-12.1 of the Public Community
12 College Act), not to exceed $200,000 for each campus.
13 (b) To the Department of Agriculture and the Department
14 of Commerce and Economic Opportunity for the operation and
15 closing of overseas offices, not to exceed $500,000 for
16 each Department for each overseas office.
17 (c) To the Department of Agriculture for the purpose of
18 making change for activities at each State Fair, not to
19 exceed $200,000, to be returned within 5 days of the
20 termination of such activity.
21 (d) To the Department of Agriculture to pay (i) State
22 Fair premiums and awards and State Fair entertainment
23 contracts at each State Fair, and (ii) ticket refunds for
24 cancelled events. The amount transferred from any fund
25 shall not exceed the appropriation for each specific
26 purpose. This authorization shall terminate each year

HB1292 Engrossed- 24 -LRB100 02980 NHT 12985 b
1 within 60 days of the close of each State Fair. The
2 Department shall be responsible for withholding State
3 income tax, where necessary, as required by Section 709 of
4 the Illinois Income Tax Act.
5 (e) To the State Treasurer to pay for securities'
6 safekeeping charges assessed by the Board of Governors of
7 the Federal Reserve System as a consequence of the
8 Treasurer's use of the government securities' book-entry
9 system. This account shall not exceed $25,000.
10 (f) To the Illinois Mathematics and Science Academy,
11 not to exceed $100,000.
12 (g) To the Department of Natural Resources to pay out
13 cash prizes associated with competitions held at the World
14 Shooting and Recreational Complex, to purchase awards
15 associated with competitions held at the World Shooting and
16 Recreational Complex, to pay State and national membership
17 dues associated with competitions held at the World
18 Shooting and Recreational Complex, and to pay State and
19 national membership target fees associated with
20 competitions held at the World Shooting and Recreational
21 Complex. The amount of funds advanced to the account
22 created by this subsection (g) must not exceed $250,000 in
23 any fiscal year.
24(Source: P.A. 96-785, eff. 8-28-09; 96-1118, eff. 7-20-10;
2597-72, eff. 7-1-11; 97-333, eff. 8-12-11.)

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1 Section 40. The Civil Administrative Code of Illinois is
2amended by changing Section 5-525 as follows:
3 (20 ILCS 5/5-525) (was 20 ILCS 5/6.01)
4 Sec. 5-525. In the Department of Agriculture.
5 (a) (Blank).
6 (b) An Advisory Board of Livestock Commissioners to consist
7of 25 persons. The Board shall consist of the administrator of
8animal disease programs, the Dean of the College of
9Agricultural, Consumer, and Environmental Sciences of the
10University of Illinois, the Dean of the College of Veterinary
11Medicine of the University of Illinois, and, commencing on
12January 1, 1990, the Deans or Chairmen of the Colleges or
13Departments of Agriculture of Illinois State University,
14Southern Illinois University at Carbondale, and Western
15Illinois University in that order who shall each serve for 1
16year terms, provided that, commencing on January 1, 1993, such
17terms shall be for 2 years in the same order, the Director of
18Public Health, the Director of Natural Resources, the
19Chairperson of the Agriculture and Conservation Committee of
20the Senate, and the Chairperson of the Agriculture &
21Conservation Committee of the House of Representatives, who
22shall be ex-officio members of the Board, and 17 additional
23persons, appointed by the Governor to serve at the Governor's
24pleasure, who are interested in the well-being of domestic
25animals and poultry and in the prevention, elimination, and

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1control of diseases affecting them. Of the 17 additional
2persons, one shall be a representative of breeders of beef
3cattle, one shall be a representative of breeders of dairy
4cattle, one shall be a representative of breeders of dual
5purpose cattle, one shall be a representative of breeders of
6swine, one shall be a representative of poultry breeders, one
7shall be a representative of sheep breeders, one shall be a
8veterinarian licensed in this State, one shall be a
9representative of general or diversified farming, one shall be
10a representative of deer or elk breeders, one shall be a
11representative of livestock auction markets, one shall be a
12representative of cattle feeders, one shall be a representative
13of pork producers, one shall be a representative of the State
14licensed meat packers, one shall be a representative of canine
15breeders, one shall be a representative of equine breeders, one
16shall be a representative of the Illinois licensed renderers,
17and one shall be a representative of livestock dealers. An
18appointed member's office becomes vacant upon the member's
19absence from 3 consecutive meetings. Appointments made by the
20Governor after the effective date of this amendatory Act of the
2196th General Assembly shall be for a term of 5 years. The
22members of the Board shall receive no compensation but shall be
23reimbursed for expenses necessarily incurred in the
24performance of their duties. In the appointment of the Advisory
25Board of Livestock Commissioners, the Governor shall consult
26with representative persons and recognized organizations in

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1the respective fields concerning the appointments.
2 Rules and regulations of the Department of Agriculture
3pertaining to the well-being of domestic animals and poultry
4and the prevention, elimination, and control of diseases
5affecting them shall be submitted to the Advisory Board of
6Livestock Commissioners for approval at its duly called
7meeting. The chairperson of the Board shall certify the
8official minutes of the Board's action and shall file the
9certified minutes with the Department of Agriculture within 30
10days after the proposed rules and regulations are submitted and
11before they are promulgated and made effective. In the event it
12is deemed desirable, the Board may hold hearings upon the rules
13and regulations or proposed revisions. The Board members shall
14be familiar with the Acts relating to the well-being of
15domestic animals and poultry and to the prevention,
16elimination, and control of diseases affecting them. The
17Department shall, upon the request of a Board member, advise
18the Board concerning the administration of the respective Acts.
19 The Director of Agriculture or his or her representative
20from the Department shall act as chairperson of the Board. The
21Director shall call semiannual meetings of the Board and may
22call other meetings of the Board from time to time or when
23requested by 3 or more appointed members of the Board. A quorum
24of appointed members must be present to convene an official
25meeting. The chairperson and ex-officio members shall not be
26included in a quorum call. Ex-officio members may be

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1represented by a duly authorized representative from their
2department, division, college, or committee; however, that
3representative may not exercise the voting privileges of the
4ex-officio member. Appointed members shall not be represented
5at a meeting by another person. Ex-officio members and
6appointed members shall have the right to vote on all proposed
7rules and regulations; voting that in effect would pertain to
8approving rules and regulations shall be taken by an oral roll
9call. No member shall vote by proxy. The chairman shall not
10vote except in the case of a tie vote. Any ex-officio or
11appointed member may ask for and shall receive an oral roll
12call on any motion before the Board. The Department shall
13provide a clerk to take minutes of the meetings and record
14transactions of the Board. The Board, by oral roll call, may
15require an official court reporter to record the minutes of the
16meetings.
17(Source: P.A. 96-1025, eff. 7-12-10.)
18 Section 45. The Personnel Code is amended by changing
19Section 4c as follows:
20 (20 ILCS 415/4c) (from Ch. 127, par. 63b104c)
21 Sec. 4c. General exemptions. The following positions in
22State service shall be exempt from jurisdictions A, B, and C,
23unless the jurisdictions shall be extended as provided in this
24Act:

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1 (1) All officers elected by the people.
2 (2) All positions under the Lieutenant Governor,
3 Secretary of State, State Treasurer, State Comptroller,
4 State Board of Education, Clerk of the Supreme Court,
5 Attorney General, and State Board of Elections.
6 (3) Judges, and officers and employees of the courts,
7 and notaries public.
8 (4) All officers and employees of the Illinois General
9 Assembly, all employees of legislative commissions, all
10 officers and employees of the Illinois Legislative
11 Reference Bureau, the Legislative Research Unit, and the
12 Legislative Printing Unit.
13 (5) All positions in the Illinois National Guard and
14 Illinois State Guard, paid from federal funds or positions
15 in the State Military Service filled by enlistment and paid
16 from State funds.
17 (6) All employees of the Governor at the executive
18 mansion and on his immediate personal staff.
19 (7) Directors of Departments, the Adjutant General,
20 the Assistant Adjutant General, the Director of the
21 Illinois Emergency Management Agency, members of boards
22 and commissions, and all other positions appointed by the
23 Governor by and with the consent of the Senate.
24 (8) The presidents, other principal administrative
25 officers, and teaching, research and extension faculties
26 of Chicago State University, Eastern Illinois University,

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1 Governors State University, Illinois State University,
2 Northeastern Illinois University, Northern Illinois
3 University, Western Illinois University, the Illinois
4 Community College Board, Southern Illinois University at
5 Carbondale, Southern Illinois University at Edwardsville,
6 the Illinois Board of Higher Education, the University of
7 Illinois, the State Universities Civil Service System,
8 University Retirement System of Illinois, and the
9 administrative officers and scientific and technical staff
10 of the Illinois State Museum.
11 (9) All other employees, except the presidents, other
12 principal administrative officers, and teaching, research
13 and extension faculties of the universities under the
14 jurisdiction of the Board of Regents and the colleges and
15 universities under the jurisdiction of the Board of
16 Governors of State Colleges and Universities, Illinois
17 Community College Board, Southern Illinois University at
18 Carbondale, Southern Illinois University at Edwardsville,
19 the Illinois Board of Higher Education, Chicago State
20 University, Eastern Illinois University, Governors State
21 University, Illinois State University, Northeastern
22 Illinois University, Northern Illinois University, Western
23 Illinois University Board of Governors of State Colleges
24 and Universities, the Board of Regents, the University of
25 Illinois, the State Universities Civil Service System, and
26 the University Retirement System of Illinois, so long as

HB1292 Engrossed- 31 -LRB100 02980 NHT 12985 b
1 these are subject to the provisions of the State
2 Universities Civil Service Act.
3 (10) The State Police so long as they are subject to
4 the merit provisions of the State Police Act.
5 (11) (Blank).
6 (12) The technical and engineering staffs of the
7 Department of Transportation, the Department of Nuclear
8 Safety, the Pollution Control Board, and the Illinois
9 Commerce Commission, and the technical and engineering
10 staff providing architectural and engineering services in
11 the Department of Central Management Services.
12 (13) All employees of the Illinois State Toll Highway
13 Authority.
14 (14) The Secretary of the Illinois Workers'
15 Compensation Commission.
16 (15) All persons who are appointed or employed by the
17 Director of Insurance under authority of Section 202 of the
18 Illinois Insurance Code to assist the Director of Insurance
19 in discharging his responsibilities relating to the
20 rehabilitation, liquidation, conservation, and dissolution
21 of companies that are subject to the jurisdiction of the
22 Illinois Insurance Code.
23 (16) All employees of the St. Louis Metropolitan Area
24 Airport Authority.
25 (17) All investment officers employed by the Illinois
26 State Board of Investment.

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1 (18) Employees of the Illinois Young Adult
2 Conservation Corps program, administered by the Illinois
3 Department of Natural Resources, authorized grantee under
4 Title VIII of the Comprehensive Employment and Training Act
5 of 1973, 29 USC 993.
6 (19) Seasonal employees of the Department of
7 Agriculture for the operation of the Illinois State Fair
8 and the DuQuoin State Fair, no one person receiving more
9 than 29 days of such employment in any calendar year.
10 (20) All "temporary" employees hired under the
11 Department of Natural Resources' Illinois Conservation
12 Service, a youth employment program that hires young people
13 to work in State parks for a period of one year or less.
14 (21) All hearing officers of the Human Rights
15 Commission.
16 (22) All employees of the Illinois Mathematics and
17 Science Academy.
18 (23) All employees of the Kankakee River Valley Area
19 Airport Authority.
20 (24) The commissioners and employees of the Executive
21 Ethics Commission.
22 (25) The Executive Inspectors General, including
23 special Executive Inspectors General, and employees of
24 each Office of an Executive Inspector General.
25 (26) The commissioners and employees of the
26 Legislative Ethics Commission.

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1 (27) The Legislative Inspector General, including
2 special Legislative Inspectors General, and employees of
3 the Office of the Legislative Inspector General.
4 (28) The Auditor General's Inspector General and
5 employees of the Office of the Auditor General's Inspector
6 General.
7 (29) All employees of the Illinois Power Agency.
8 (30) Employees having demonstrable, defined advanced
9 skills in accounting, financial reporting, or technical
10 expertise who are employed within executive branch
11 agencies and whose duties are directly related to the
12 submission to the Office of the Comptroller of financial
13 information for the publication of the Comprehensive
14 Annual Financial Report (CAFR).
15 (31) All employees of the Illinois Sentencing Policy
16 Advisory Council.
17(Source: P.A. 97-618, eff. 10-26-11; 97-1055, eff. 8-23-12;
1898-65, eff. 7-15-13.)
19 Section 50. The Forms Notice Act is amended by changing
20Section 4 as follows:
21 (20 ILCS 435/4) (from Ch. 127, par. 1404)
22 Sec. 4. Definition; State agency.
23 As used in this Act the term "state agency" means and
24includes all boards, commissions, agencies, institutions,

HB1292 Engrossed- 34 -LRB100 02980 NHT 12985 b
1authorities, bodies politic and corporate of the State created
2by or pursuant to the constitution or statute, of the executive
3branch of State government; However, such term does not include
4colleges, universities and institutions under the jurisdiction
5of the Board of Trustees of the University of Illinois, the
6Board of Trustees of Southern Illinois University at
7Carbondale, the Board of Trustees of Southern Illinois
8University at Edwardsville, the Board of Trustees of Chicago
9State University, the Board of Trustees of Eastern Illinois
10University, the Board of Trustees of Governors State
11University, the Board of Trustees of Illinois State University,
12the Board of Trustees of Northeastern Illinois University, the
13Board of Trustees of Northern Illinois University, the Board of
14Trustees of Western Illinois University, the Board of Higher
15Education, or the Illinois Community College Board.
16(Source: P.A. 89-4, eff. 1-1-96; 90-156, eff. 7-23-97; 90-372,
17eff. 7-1-98.)
18 Section 55. The Department of Commerce and Community
19Affairs Law of the Civil Administrative Code of Illinois is
20amended by changing Section 605-355 as follows:
21 (20 ILCS 605/605-355) (was 20 ILCS 605/46.19a in part)
22 Sec. 605-355. Grants for research and development in high
23technology and service sectors.
24 (a) The Department is authorized to establish a program of

HB1292 Engrossed- 35 -LRB100 02980 NHT 12985 b
1grants to universities, community colleges, research
2institutions, research consortiums, other not-for-profit
3entities, and Illinois businesses for the purpose of fostering
4research and development in the high technology and the service
5sector leading to the development of new products and services
6that can be marketed by Illinois businesses. All grant awards
7shall include a contract that may provide for payment of
8negotiated royalties to the Department if the product or
9service to be developed by the grantee is subsequently licensed
10for production.
11 (b) Grants may be awarded to universities and research
12institutions to assist them in making their faculties and
13facilities available to Illinois businesses. The grants may be
14used by a university or research institution for purposes
15including but not limited to the following: (i) to establish or
16enhance computerized cataloging of all research labs and
17university staff and make those catalogues available to
18Illinois businesses; (ii) to market products developed by the
19university to Illinois businesses; (iii) to review
20publications in order to identify, catalog, and inform Illinois
21businesses of new practices in areas such as robotics and
22biotechnology; (iv) to build an on-line, information and
23technology system that relies on other computerized networks in
24the United States; and (v) to assist in securing temporary
25replacement for faculty who are granted a leave of absence from
26their teaching duties for the purpose of working full-time for

HB1292 Engrossed- 36 -LRB100 02980 NHT 12985 b
1an Illinois business to assist that business with technology
2transfer.
3 (c) Grants may be awarded to universities and research
4institutions, research consortiums, and other not-for-profit
5entities for the purpose of identifying and supporting Illinois
6businesses engaged in high technology and service sector
7enterprises. The Illinois businesses identified and funded
8shall include recipients of Small Business Innovation Research
9Program funds under subsections (e) through (k) of Section 9 of
10the Small Business Act (15 U.S.C. 638, subsections (e) through
11(k)). Entities receiving grants under this subsection (c) shall
12be known as commercialization centers and shall engage in one
13or more of the following activities:
14 (1) Directing research assistance for new venture
15 creations.
16 (2) General feasibility studies of new venture ideas.
17 (3) Furthering the technical and intellectual skills
18 of the managers and owners of Illinois small businesses.
19 (4) Commercialization of technology and research.
20 (5) Development of prototypes and testing new
21 products.
22 (6) Identifying and assisting in securing financing.
23 (7) Marketing assistance.
24 (8) Assisting Illinois inventors in finding Illinois
25 manufacturers to produce and market their inventions.
26 A commercialization center may charge a nominal fee or

HB1292 Engrossed- 37 -LRB100 02980 NHT 12985 b
1accept royalty agreements for conducting feasibility studies
2and other services.
3 (d) Grants may be awarded by the Department to Illinois
4businesses to fund research and consultation arrangements
5between businesses and universities, community colleges,
6research institutions, research consortiums, and other
7not-for-profit entities within this State.
8 The Department shall give priority to Illinois small
9businesses in awarding grants. Each grant awarded under this
10subsection (d) shall provide funding for up to 50% of the cost
11of the research or consultation arrangements, not to exceed
12$100,000; provided that the grant recipient utilizes Illinois
13not for profit research and academic institutions to perform
14the research and development function for which grant funds
15were requested.
16 (e) Grants may be awarded to research consortiums and other
17qualified applicants, in conjunction with private sector or
18federal funding, for other creative systems that bridge
19university resources and business, technological, production,
20and development concerns.
21 (f) For the purposes of this Section:
22 "High technology" means any area of research or development
23designed to foster greater knowledge or understanding in fields
24such as computer science, electronics, physics, chemistry, or
25biology for the purpose of producing designing, developing, or
26improving prototypes and new processes.

HB1292 Engrossed- 38 -LRB100 02980 NHT 12985 b
1 "Illinois business" means a "small business concern" as
2defined in 15 U.S.C. 632 that conducts its business primarily
3in Illinois.
4 "Illinois research institutions" refers to not-for-profit
5entities, which include federally funded research
6laboratories, that conduct research and development activities
7for the purpose of producing, designing, developing, or
8improving prototypes and new processes.
9 "Other not-for-profit entities" means nonprofit
10organizations based in Illinois that are primarily devoted to
11new enterprise or product development.
12 "Private sector" has the meaning ascribed to it in 29
13U.S.C. 1503.
14 "University" means either a degree granting institution
15located in Illinois as defined in Section 2 of the Academic
16Degree Act, or a State-supported institution of higher learning
17administered by the Board of Trustees of the University of
18Illinois, the Board of Trustees of Southern Illinois University
19at Carbondale, the Board of Trustees of Southern Illinois
20University at Edwardsville, the Board of Trustees of Chicago
21State University, the Board of Trustees of Eastern Illinois
22University, the Board of Trustees of Governors State
23University, the Board of Trustees of Illinois State University,
24the Board of Trustees of Northeastern Illinois University, the
25Board of Trustees of Northern Illinois University, the Board of
26Trustees of Western Illinois University, or the Illinois

HB1292 Engrossed- 39 -LRB100 02980 NHT 12985 b
1Community College Board.
2 "Venture" means any Illinois business engaged in research
3and development to create new products or services with high
4growth potential.
5 (g) The Department may establish a program of grant
6assistance on a matching basis to universities, community
7colleges, small business development centers, community action
8agencies and other not-for-profit economic development
9agencies to encourage new enterprise development and new
10business formation and to encourage enterprises in this State.
11The Department may provide grants, which shall be exempt from
12the provisions of Section 35-360, to universities, community
13colleges, small business development centers, community action
14agencies, and other not-for-profit economic development
15entities for the purpose of making loans to small businesses.
16All grant applications shall contain information as required by
17the Department, including the following: a program operation
18plan; a certification and assurance that the small business
19applicants have received business development training or
20education, have a business and finance plan, and have
21experience in the proposed business area; and a description of
22the support services that the grant recipient will provide to
23the small business. No more than 10% of the grant may be used
24by the grant recipient for administrative costs associated with
25the grant. Grant recipients may use grant funds under this
26program to make loans on terms and conditions favorable to the

HB1292 Engrossed- 40 -LRB100 02980 NHT 12985 b
1small business and shall give priority to those businesses
2located in high poverty areas, enterprise zones, or both.
3(Source: P.A. 90-454, eff. 8-16-97; 91-239, eff. 1-1-00.)
4 Section 60. The Capital Development Board Act is amended by
5changing Section 12 as follows:
6 (20 ILCS 3105/12) (from Ch. 127, par. 782)
7 Sec. 12. Nothing in this Act shall be construed to include
8the power to abrogate those powers vested in the boards of the
9local public community college districts and the Illinois
10Community College Board by the Public Community College Act,
11the Board of Trustees of the University of Illinois, the Board
12of Trustees of Southern Illinois University at Carbondale, the
13Board of Trustees of Southern Illinois University at
14Edwardsville, the Board of Trustees of Chicago State
15University, the Board of Trustees of Eastern Illinois
16University, the Board of Trustees of Governors State
17University, the Board of Trustees of Illinois State University,
18the Board of Trustees of Northeastern Illinois University, the
19Board of Trustees of Northern Illinois University, and the
20Board of Trustees of Western Illinois University, hereinafter
21referred to as Governing Boards. In the exercise of the powers
22conferred by law upon the Board and in the exercise of the
23powers vested in such Governing Boards, it is hereby provided
24that (i) the Board and any such Governing Board may contract

HB1292 Engrossed- 41 -LRB100 02980 NHT 12985 b
1with each other and other parties as to the design and
2construction of any project to be constructed for or upon the
3property of such Governing Board or any institution under its
4jurisdiction; (ii) in connection with any such project,
5compliance with the provisions of the Illinois Purchasing Act
6by either the Board or such Governing Board shall be deemed to
7be compliance by the other; (iii) funds appropriated to any
8such Governing Board may be expended for any project
9constructed by the Board for such Governing Board; (iv) in
10connection with any such project the architects and engineers
11retained for the project and the plans and specifications for
12the project must be approved by both the Governing Board and
13the Board before undertaking either design or construction of
14the project, as the case may be.
15(Source: P.A. 89-4, eff. 1-1-96.)
16 Section 65. The Building Authority Act is amended by
17changing Sections 3, 4, 5, and 9 as follows:
18 (20 ILCS 3110/3) (from Ch. 127, par. 213.3)
19 Sec. 3. Duties. The Authority shall make thorough and
20continuous studies and investigations of the following
21building needs of the State of Illinois as they may from time
22to time develop:
23 (a) Office structures, recreational facilities, fixed
24equipment of any kind, electric, gas, steam, water and sewer

HB1292 Engrossed- 42 -LRB100 02980 NHT 12985 b
1utilities, motor parking facilities, hospitals, penitentiaries
2and facilities of every kind and character, other than movable
3equipment, considered by the Authority necessary or convenient
4for the efficient operation of any unit which is used by any
5officer, department, board, commission or other agency of the
6State.
7 (b) Buildings and other facilities intended for use as
8classrooms, laboratories, libraries, student residence halls,
9instructional and administrative facilities for students,
10faculty, officers, and employees, and motor vehicle parking
11facilities and fixed equipment for any institution or unit
12under the control of the Board of Trustees of the University of
13Illinois, the Board of Trustees of Southern Illinois University
14at Carbondale, the Board of Trustees of Southern Illinois
15University at Edwardsville, the Board of Trustees of Chicago
16State University, the Board of Trustees of Eastern Illinois
17University, the Board of Trustees of Governors State
18University, the Board of Trustees of Illinois State University,
19the Board of Trustees of Northeastern Illinois University, the
20Board of Trustees of Northern Illinois University, the Board of
21Trustees of Western Illinois University, the School Building
22Commission or any public community college district board.
23 (c) School sites, buildings and fixed equipment to meet the
24needs of school districts unable to provide such facilities
25because of lack of funds and constitutional bond limitations,
26whenever any General Assembly has declared the acquisition of

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1sites, construction of buildings and installation of fixed
2equipment for such school districts to be in the public
3interest, and allocations of said declarations shall be made as
4provided in Section 5 of this Act.
5 Whenever the General Assembly declares by law that it is in
6the public interest for the Authority to acquire any real
7estate, construct, complete and remodel buildings, and install
8fixed equipment in buildings and other facilities for public
9community college districts, the amount of any declaration to
10be allocated to any public community college district shall be
11determined by the Illinois Community College Board, unless
12otherwise provided by law.
13(Source: P.A. 94-1105, eff. 6-1-07.)
14 (20 ILCS 3110/4) (from Ch. 127, par. 213.4)
15 Sec. 4. Any department, board, commission, agency or
16officer of this State or the Board of Trustees of the
17University of Illinois, the Board of Trustees of Southern
18Illinois University at Carbondale, the Board of Trustees of
19Southern Illinois University at Edwardsville, the Board of
20Trustees of Chicago State University, the Board of Trustees of
21Eastern Illinois University, the Board of Trustees of Governors
22State University, the Board of Trustees of Illinois State
23University, the Board of Trustees of Northeastern Illinois
24University, the Board of Trustees of Northern Illinois
25University, the Board of Trustees of Western Illinois

HB1292 Engrossed- 44 -LRB100 02980 NHT 12985 b
1University, or any public community college district board may
2transfer jurisdiction of or title to any property under its or
3his control to the Authority when such transfer is approved in
4writing by the Governor as being advantageous to the State.
5(Source: P.A. 94-1105, eff. 6-1-07.)
6 (20 ILCS 3110/5) (from Ch. 127, par. 213.5)
7 Sec. 5. Powers. To accomplish projects of the kind listed
8in Section 3 above, the Authority shall possess the following
9powers:
10 (a) Acquire by purchase or otherwise (including the power
11of condemnation in the manner provided for the exercise of the
12right of eminent domain under the Eminent Domain Act),
13construct, complete, remodel and install fixed equipment in any
14and all buildings and other facilities as the General Assembly
15by law declares to be in the public interest.
16 Whenever the General Assembly has by law declared it to be
17in the public interest for the Authority to acquire any real
18estate, construct, complete, remodel and install fixed
19equipment in buildings and other facilities for public
20community college districts, the Director of the Department of
21Central Management Services shall, when requested by any such
22public community college district board, enter into a lease by
23and on behalf of and for the use of such public community
24college district board to the extent appropriations have been
25made by the General Assembly to pay the rents under the terms

HB1292 Engrossed- 45 -LRB100 02980 NHT 12985 b
1of such lease.
2 In the course of such activities, acquire property of any
3and every kind and description, whether real, personal or
4mixed, by gift, purchase or otherwise. It may also acquire real
5estate of the State of Illinois controlled by any officer,
6department, board, commission, or other agency of the State, or
7the Board of Trustees of the University of Illinois, the Board
8of Trustees of Southern Illinois University at Carbondale, the
9Board of Trustees of Southern Illinois University at
10Edwardsville, the Board of Trustees of Chicago State
11University, the Board of Trustees of Eastern Illinois
12University, the Board of Trustees of Governors State
13University, the Board of Trustees of Illinois State University,
14the Board of Trustees of Northeastern Illinois University, the
15Board of Trustees of Northern Illinois University, the Board of
16Trustees of Western Illinois University, or any public
17community college district board, the jurisdiction of which is
18transferred by such officer, department, board, commission, or
19other agency or the Board of Trustees of Southern Illinois
20University at Carbondale, the Board of Trustees of Southern
21Illinois University at Edwardsville, the Board of Trustees of
22Chicago State University, the Board of Trustees of Eastern
23Illinois University, the Board of Trustees of Governors State
24University, the Board of Trustees of Illinois State University,
25the Board of Trustees of Northeastern Illinois University, the
26Board of Trustees of Northern Illinois University, the Board of

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1Trustees of Western Illinois University, or any public
2community college district board to the Authority. The Board of
3Trustees of the University of Illinois, the Board of Trustees
4of Southern Illinois University at Carbondale, the Board of
5Trustees of Southern Illinois University at Edwardsville, the
6Board of Trustees of Chicago State University, the Board of
7Trustees of Eastern Illinois University, the Board of Trustees
8of Governors State University, the Board of Trustees of
9Illinois State University, the Board of Trustees of
10Northeastern Illinois University, the Board of Trustees of
11Northern Illinois University, the Board of Trustees of Western
12Illinois University, and any public community college district
13board, respectively, shall prepare plans and specifications
14for and have supervision over any project to be undertaken by
15the Authority for their use. Before any other particular
16construction is undertaken, plans and specifications shall be
17approved by the lessee provided for under (b) below, except as
18indicated above.
19 (b) Execute leases of facilities and sites to, and charge
20for the use of any such facilities and sites by, any officer,
21department, board, commission or other agency of the State of
22Illinois, or the Director of the Department of Central
23Management Services when the Director is requested to, by and
24on behalf of, or for the use of, any officer, department,
25board, commission or other agency of the State of Illinois, or
26by the Board of Trustees of the University of Illinois, the

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1Board of Trustees of Southern Illinois University at
2Carbondale, the Board of Trustees of Southern Illinois
3University at Edwardsville, the Board of Trustees of Chicago
4State University, the Board of Trustees of Eastern Illinois
5University, the Board of Trustees of Governors State
6University, the Board of Trustees of Illinois State University,
7the Board of Trustees of Northeastern Illinois University, the
8Board of Trustees of Northern Illinois University, the Board of
9Trustees of Western Illinois University, or any public
10community college district board. Such leases may be entered
11into contemporaneously with any financing to be done by the
12Authority and payments under the terms of the lease shall begin
13at any time after execution of any such lease.
14 (c) In the event of non-payment of rents reserved in such
15leases, maintain and operate such facilities and sites or
16execute leases thereof to others for any suitable purposes.
17Such leases to the officers, departments, boards, commissions,
18other agencies, the respective Boards of Trustees, or any
19public community college district board shall contain the
20provision that rents under such leases shall be payable solely
21from appropriations to be made by the General Assembly for the
22payment of such rent and any revenues derived from the
23operation of the leased premises.
24 (d) Borrow money and issue and sell bonds in such amount or
25amounts as the Authority may determine for the purpose of
26acquiring, constructing, completing or remodeling, or putting

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1fixed equipment in any such facility; refund and refinance the
2same from time to time as often as advantageous and in the
3public interest to do so; and pledge any and all income of such
4Authority, and any revenues derived from such facilities, or
5any combination thereof, to secure the payment of such bonds
6and to redeem such bonds. All such bonds are subject to the
7provisions of Section 6 of this Act.
8 In addition to the permanent financing authorized by
9Sections 5 and 6 of this Act, the Illinois Building Authority
10may borrow money and issue interim notes in evidence thereof
11for any of the projects, or to perform any of the duties
12authorized under this Act, and in addition may borrow money and
13issue interim notes for planning, architectural and
14engineering, acquisition of land, and purchase of fixed
15equipment as follows:
16 1. Whenever the Authority considers it advisable and in
17 the interests of the Authority to borrow funds temporarily
18 for any of the purposes enumerated in this Section, the
19 Authority may from time to time, and pursuant to
20 appropriate resolution, issue interim notes to evidence
21 such borrowings including funds for the payment of interest
22 on such borrowings and funds for all necessary and
23 incidental expenses in connection with any of the purposes
24 provided for by this Section and this Act until the date of
25 the permanent financing. Any resolution authorizing the
26 issuance of such notes shall describe the project to be

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1 undertaken and shall specify the principal amount, rate of
2 interest (not exceeding the maximum rate authorized by the
3 Bond Authorization Act, as amended at the time of the
4 making of the contract,) and maturity date, but not to
5 exceed 5 years from date of issue, and such other terms as
6 may be specified in such resolution; however, time of
7 payment of any such notes may be extended for a period of
8 not exceeding 3 years from the maturity date thereof.
9 The Authority may provide for the registration of the
10 notes in the name of the owner either as to principal
11 alone, or as to both principal and interest, on such terms
12 and conditions as the Authority may determine by the
13 resolution authorizing their issue. The notes shall be
14 issued from time to time by the Authority as funds are
15 borrowed, in the manner the Authority may determine.
16 Interest on the notes may be made payable semiannually,
17 annually or at maturity. The notes may be made redeemable,
18 prior to maturity, at the option of the Authority, in the
19 manner and upon the terms fixed by the resolution
20 authorizing their issuance. The notes may be executed in
21 the name of the Authority by the Chairman of the Authority
22 or by any other officer or officers of the Authority as the
23 Authority by resolution may direct, shall be attested by
24 the Secretary or such other officer or officers of the
25 Authority as the Authority may by resolution direct, and be
26 sealed with the Authority's corporate seal. All such notes

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1 and the interest thereon may be secured by a pledge of any
2 income and revenue derived by the Authority from the
3 project to be undertaken with the proceeds of the notes and
4 shall be payable solely from such income and revenue and
5 from the proceeds to be derived from the sale of any
6 revenue bonds for permanent financing authorized to be
7 issued under Sections 5 and 6 of this Act, and from the
8 property acquired with the proceeds of the notes.
9 Contemporaneously with the issue of revenue bonds as
10 provided by this Act, all interim notes, even though they
11 may not then have matured, shall be paid, both principal
12 and interest to date of payment, from the funds derived
13 from the sale of revenue bonds for the permanent financing
14 and such interim notes shall be surrendered and canceled.
15 2. The Authority, in order further to secure the
16 payment of the interim notes, is, in addition to the
17 foregoing, authorized and empowered to make any other or
18 additional covenants, terms and conditions not
19 inconsistent with the provisions of subparagraph (a) of
20 this Section, and do any and all acts and things as may be
21 necessary or convenient or desirable in order to secure
22 payment of its interim notes, or in the discretion of the
23 Authority, as will tend to make the interim notes more
24 acceptable to lenders, notwithstanding that the covenants,
25 acts or things may not be enumerated herein; however,
26 nothing contained in this subparagraph shall authorize the

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1 Authority to secure the payment of the interim notes out of
2 property or facilities, other than the facilities acquired
3 with the proceeds of the interim notes, and any net income
4 and revenue derived from the facilities and the proceeds of
5 revenue bonds as hereinabove provided.
6 (e) Convey property, without charge, to the State or to the
7appropriate corporate agency of the State or to any public
8community college district board if and when all debts which
9have been secured by the income from such property have been
10paid.
11 (f) Enter into contracts regarding any matter connected
12with any corporate purpose within the objects and purposes of
13this Act.
14 (g) Employ agents and employees necessary to carry out the
15duties and purposes of the Authority.
16 (h) Adopt all necessary by-laws, rules and regulations for
17the conduct of the business and affairs of the Authority, and
18for the management and use of facilities and sites acquired
19under the powers granted by this Act.
20 (i) Have and use a common seal and alter the same at
21pleasure.
22 The Interim notes shall constitute State debt of the State
23of Illinois within the meaning of any of the provisions of the
24Constitution and statutes of the State of Illinois.
25 No member, officer, agent or employee of the Authority, nor
26any other person who executes interim notes, shall be liable

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1personally by reason of the issuance thereof.
2 With respect to instruments for the payment of money issued
3under this Section either before, on, or after the effective
4date of this amendatory Act of 1989, it is and always has been
5the intention of the General Assembly (i) that the Omnibus Bond
6Acts are and always have been supplementary grants of power to
7issue instruments in accordance with the Omnibus Bond Acts,
8regardless of any provision of this Act that may appear to be
9or to have been more restrictive than those Acts, (ii) that the
10provisions of this Section are not a limitation on the
11supplementary authority granted by the Omnibus Bond Acts, and
12(iii) that instruments issued under this Section within the
13supplementary authority granted by the Omnibus Bond Acts are
14not invalid because of any provision of this Act that may
15appear to be or to have been more restrictive than those Acts.
16(Source: P.A. 94-1055, eff. 1-1-07; 94-1105, eff. 6-1-07;
1795-876, eff. 8-21-08.)
18 (20 ILCS 3110/9) (from Ch. 127, par. 213.9)
19 Sec. 9. Limitation on disbursements. The Authority shall
20keep account of the gross total income derived from each
21separate project or any combination thereof undertaken
22pursuant to this Act. Disbursements from a given account in The
23Public Building Fund shall be ordered by the Authority only for
24the payment of (1) the principal of and interest on the bonds
25issued for each project, or combination thereof, and (2) any

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1other purposes set forth in the resolution authorizing the
2issuance of such bonds.
3 An accurate record shall be kept of the rental payments
4under each lease entered into by the Authority and any officer,
5department, board, commission or other agency of the State of
6Illinois, the Director of the Department of Central Management
7Services, the Board of Trustees of the University of Illinois,
8the Board of Trustees of Southern Illinois University at
9Carbondale, the Board of Trustees of Southern Illinois
10University at Edwardsville, the Board of Trustees of Chicago
11State University, the Board of Trustees of Eastern Illinois
12University, the Board of Trustees of Governors State
13University, the Board of Trustees of Illinois State University,
14the Board of Trustees of Northeastern Illinois University, the
15Board of Trustees of Northern Illinois University, the Board of
16Trustees of Western Illinois University, or any public
17community college district board, and when the rentals
18applicable to each project or facility, or any combination
19thereof, constructed, completed, remodeled, maintained and
20equipped, have been paid in (1) amounts sufficient to amortize
21and pay the principal of and interest upon the total principal
22amount of bonds of the Authority issued to pay the cost of each
23project or facility, including maintenance and operation
24expenses and that proportion of the administrative expense of
25the Authority as provided for by each lease, or (2) amounts
26which when invested in direct obligations of the United States

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1of America are, together with earnings thereon, sufficient to
2amortize and pay the principal of and interest upon the total
3principal amount of bonds of the Authority issued to pay the
4cost of each project or facility, including maintenance and
5operation expenses and that proportion of the administrative
6expense of the Authority as provided for by each lease, the
7property shall be conveyed without charge to the lessee.
8(Source: P.A. 94-1105, eff. 6-1-07.)
9 Section 70. The State Finance Act is amended by changing
10Sections 6a-1, 6a-2, 6a-3, 10, 12-1, 13.2, and 13.5 and by
11adding Section 6a-1h as follows:
12 (30 ILCS 105/6a-1) (from Ch. 127, par. 142a1)
13 Sec. 6a-1. Southern Illinois University at Carbondale;
14retention of income.
15 (1) Beginning on the effective date of this amendatory Act
16of 1996, The following items of income received by the Southern
17Illinois University at Carbondale for general operational and
18educational purposes shall be retained by the University in its
19own treasury and credited to an account known as the University
20Income Fund that it shall establish in its treasury for
21purposes of this paragraph: (a) tuition and laboratory fees not
22pledged to discharge obligations arising out of the issuance of
23revenue bonds, library fees, and all interest which may be
24earned thereon; and (b) excess income from auxiliary

HB1292 Engrossed- 55 -LRB100 02980 NHT 12985 b
1enterprises and activities as provided in paragraph (2) of this
2Section, and all other income arising out of any activity or
3purpose not specified in paragraph (2) of this Section or in
4Sections 6a-2 or 6a-3 upon receipt of the same without any
5deduction whatever. Such items of income shall be deposited
6into a college or university bank account within the time
7period established for like amounts in Section 2 of the State
8Officers and Employees Money Disposition Act. Within 10 days
9after the effective date of this amendatory Act of 1996, all
10moneys then remaining in the Southern Illinois University
11Income Fund heretofore established as a special fund in the
12State Treasury that were covered and paid into that fund by the
13University shall be repaid to the University upon the warrant
14of the State Comptroller, directed to the State Treasurer as an
15order to pay the sum required to be repaid under this paragraph
16and shown as due on the warrant. The University shall deposit
17the amount so repaid to it in a college or university bank
18account within the time period established for like amounts in
19Section 2 of the State Officers and Employees Money Disposition
20Act, to be credited to the University Income Fund established
21by the University in its own treasury for purposes of this
22paragraph. All moneys from time to time held in the University
23Income Fund in the treasury of the University shall be used by
24the University, pursuant to the order and direction of the
25Board of Trustees of the University, for the support and
26improvement of the University, except for amounts disbursed

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1from that University Income Fund for refunds to students for
2whom duplicate payment has been made and to students who have
3withdrawn after registration and who are entitled to such
4refunds.
5 (2) The following items of income shall be retained by the
6University in its own treasury: endowment funds, gifts, trust
7funds, and Federal aid; funds received in connection with
8contracts with governmental, public, or private agencies or
9persons, for research or services including funds which are
10paid as reimbursement to the University; funds received in
11connection with reserves authorized by Section 8a of the
12Southern Illinois University Management Act; funds received in
13connection with its operation of medical research and high
14technology parks and with the retention, receipt, assignment,
15license, sale or transfer of interests in, rights to, or income
16from discoveries, inventions, patents, or copyrightable works;
17funds retained by the University under the authority of
18Sections 6a-2 and 6a-3; and funds received from the operation
19of student or staff residence facilities, student and staff
20medical and health programs, Union buildings, bookstores,
21farms, stores, and other auxiliary enterprises or activities
22which are self-supporting in whole or in part. Any income
23derived from such auxiliary enterprises or activities which is
24not necessary to their support, maintenance, or development
25shall not, however, be applied to any general operational or
26educational purposes but shall be retained by the University in

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1its own treasury and credited to the University Income Fund
2that it shall establish in its treasury as provided in
3paragraph (1) of this Section.
4 Whenever such funds retained by the University in its own
5treasury are deposited with a bank or savings and loan
6association and the amount of the deposit exceeds the amount of
7federal deposit insurance coverage, a bond or pledged
8securities shall be obtained. Only the types of securities
9which the State Treasurer may, in his discretion, accept for
10amounts not insured by the Federal Deposit Insurance
11Corporation or the Federal Savings and Loan Insurance
12Corporation under Section 11 of the Deposit of State Moneys
13Act, may be accepted as pledged securities. The market value of
14the bond or pledged securities shall at all times be equal to
15or greater than the uninsured portion of the deposit.
16 The Auditor General shall audit or cause to be audited the
17above items of income and all other income and expenditures of
18such institution.
19(Source: P.A. 89-602, eff. 8-2-96.)
20 (30 ILCS 105/6a-1h new)
21 Sec. 6a-1h. Southern Illinois University at Edwardsville;
22retention of income.
23 (a) The following items of income received by Southern
24Illinois University at Edwardsville for general operational
25and educational purposes shall be retained by the University in

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1its own treasury and credited to an account known as the
2University Income Fund that it shall establish in its treasury
3for purposes of this subsection (a): (1) tuition and laboratory
4fees not pledged to discharge obligations arising out of the
5issuance of revenue bonds, library fees, and all interest that
6may be earned thereon; and (2) excess income from auxiliary
7enterprises and activities as provided in subsection (b) of
8this Section and all other income arising out of any activity
9or purpose not specified in subsection (b) of this Section or
10in Sections 6a-2 or 6a-3 upon receipt of the same without any
11deduction whatever. Such items of income shall be deposited
12into a college or university bank account within the time
13period established for like amounts in Section 2 of the State
14Officers and Employees Money Disposition Act. All moneys from
15time to time held in the University Income Fund in the treasury
16of the University shall be used by the University, pursuant to
17the order and direction of the Board of Trustees of the
18University, for the support and improvement of the University,
19except for amounts disbursed from that University Income Fund
20for refunds to students for whom duplicate payment has been
21made and to students who have withdrawn after registration and
22who are entitled to such refunds.
23 (b) The following items of income shall be retained by the
24University in its own treasury: endowment funds, gifts, trust
25funds, and Federal aid; funds received in connection with
26contracts with governmental, public, or private agencies or

HB1292 Engrossed- 59 -LRB100 02980 NHT 12985 b
1persons for research or services, including funds that are paid
2as reimbursement to the University; funds received in
3connection with reserves authorized by Section 8a of the
4Southern Illinois University Management Act; funds received in
5connection with its operation of medical research and high
6technology parks and with the retention, receipt, assignment,
7license, sale, or transfer of interests in, rights to, or
8income from discoveries, inventions, patents, or copyrightable
9works; funds retained by the University under the authority of
10Sections 6a-2 and 6a-3; and funds received from the operation
11of student or staff residence facilities, student and staff
12medical and health programs, Union buildings, bookstores,
13farms, stores, and other auxiliary enterprises or activities
14that are self-supporting in whole or in part. Any income
15derived from such auxiliary enterprises or activities that is
16not necessary to their support, maintenance, or development
17shall not, however, be applied to any general operational or
18educational purposes but shall be retained by the University in
19its own treasury and credited to the University Income Fund
20that it shall establish in its treasury as provided in
21subsection (a) of this Section.
22 Whenever such funds retained by the University in its own
23treasury are deposited with a bank or savings and loan
24association and the amount of the deposit exceeds the amount of
25federal deposit insurance coverage, a bond or pledged
26securities shall be obtained. Only the types of securities that

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1the State Treasurer may, in his or her discretion, accept for
2amounts not insured by the Federal Deposit Insurance
3Corporation or the Federal Savings and Loan Insurance
4Corporation under Section 11 of the Deposit of State Moneys Act
5may be accepted as pledged securities. The market value of the
6bond or pledged securities shall at all times be equal to or
7greater than the uninsured portion of the deposit.
8 The Auditor General shall audit or cause to be audited the
9above items of income and all other income and expenditures of
10such institution.
11 (30 ILCS 105/6a-2) (from Ch. 127, par. 142a2)
12 Sec. 6a-2. Retention of certain funds by universities; use
13of funds; audit.
14 (a) Each University listed in Section Sections 6a, or 6a-1,
15or 6a-1h may retain in its treasury any funds derived from
16rentals, service charges and laboratory and building service
17charges or other sources, assessed or obtained for or arising
18out of the operation of any building or buildings or structure
19or structures and pledged to discharge obligations created in
20order to complete or operate such building or structure, or for
21the payment of revenue bonds issued under "An Act to authorize
22The Board of Trustees of Southern Illinois University to
23acquire, build, purchase, or otherwise construct, equip,
24complete, remodel, operate, control, and manage student
25residence halls, dormitories, dining halls, student union

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1buildings, field houses, stadiums and other revenue-producing
2buildings, including sites therefor, for the Southern Illinois
3University, defining the duties of The Board of Trustees of
4Southern Illinois University with respect to operation and
5maintenance thereof, charging rates or fees for the use
6thereof, and providing for and authorizing the issuance of
7bonds for the purpose of defraying the cost of construction,
8acquisition or equipment of any such building or buildings
9payable from the revenues derived from the operation thereof,
10or, when authorized by The Board of Trustees, payable from such
11revenues as supplemented by University income authorized by law
12to be retained in the University treasury and applied to such
13purpose, and for the refunding of any such bonds, and
14authorizing investment in such bonds", approved June 30, 1949,
15as amended, or issued under the "Board of Governors of State
16Colleges and Universities Revenue Bond Act", approved May 8,
171947, as amended, as the case may be; and, to be disbursed from
18time to time pursuant to the order and direction of the Board
19of Trustees of Southern Illinois University at Carbondale, the
20Board of Trustees of Southern Illinois University at
21Edwardsville, or the Board of Governors of State Colleges and
22Universities, and in accordance with any contracts, pledges,
23trusts or agreements heretofore or hereafter made by the Board
24of Trustees or Board of Governors of State Colleges and
25Universities.
26 (b) The Board of Trustees of Southern Illinois University

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1at Carbondale and the Board of Trustees of Southern Illinois
2University at Edwardsville may also retain in their treasuries
3its treasury, out of student fees and tuition, such sums
4annually as each the Board determines are necessary to
5supplement revenue derived from any building or buildings
6constructed or acquired after July 1, 1957, or to supplement
7revenues derived from any building or buildings having bonds
8outstanding thereon which are refunded under the provisions of
9"An Act to authorize The Board of Trustees of Southern Illinois
10University to acquire, build, purchase, or otherwise
11construct, equip, complete, remodel, operate, control, and
12manage student residence halls, dormitories, dining halls,
13student union buildings, field houses, stadiums, and other
14revenue-producing buildings, including sites therefor, for the
15Southern Illinois University, defining the duties of The Board
16of Trustees of Southern Illinois University with respect to
17operation and maintenance thereof, charging rates or fees for
18the use thereof, and providing for and authorizing the issuance
19of bonds for the purpose of defraying the cost of construction,
20acquisition or equipment of any such building or buildings
21payable from the revenues derived from the operation thereof,
22or, when authorized by The Board of Trustees, payable from such
23revenues as supplemented by University income authorized by law
24to be retained in the University treasury and applied to such
25purpose, and for the refunding of any such bonds, and
26authorizing investment in such bonds", approved June 30, 1949,

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1as amended, and pledge or by resolution make a supplementary
2allocation of the funds so retained out of students' fees and
3tuition for the retirement of such bonds as may be issued under
4such Act. Such funds as are so pledged shall annually be
5credited to the account to which the pledge applies. Such funds
6as are supplementarily allocated by Board resolution
7subsequent to the resolution creating the bonds shall be
8credited in accordance with the terms of the resolution making
9such supplementary allocation to the account to which the
10allocation applies. Each The Board may authorize such
11supplementation only after a determination by it that the
12maximum revenues which may reasonably and economically be
13derived from the operation of a building proposed to be
14constructed or acquired under the Act herein cited will be
15insufficient to meet the costs of operation and maintenance and
16to pay the principal of and interest on bonds issued for such
17building, or after a determination by it that the maximum
18revenues which may reasonably and economically be derived from
19the operation of a building already constructed or acquired
20under the Act are or will be insufficient to meet the costs of
21operation and maintenance and to pay the principal of and
22interest on bonds issued for such building. In no event shall
23the supplementation from University income be in excess of an
24amount which, when added to the revenues to be derived from the
25operation of the building or buildings, will be sufficient to
26meet the annual debt service requirements on the bonds issued

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1in respect to such building or buildings, the annual cost of
2maintenance or operation of such building or buildings, and to
3provide for such reserves, accounts or covenants which the
4resolution authorizing the issuing of such bonds may require.
5 (c) The Auditor General shall audit or cause to be audited
6the above items of income and all other income and expenditures
7of such institutions.
8 (d) Beginning on January 1, 1996, the provisions of
9subsection (a) of this Section, insofar as they relate to the
10retention and use of any funds by or on behalf of the
11universities listed in Section 6a, shall be superseded by
12Section 5-35 of the Chicago State University Law and Section
136a-1c of the State Finance Act with respect to Chicago State
14University; by Section 10-35 of the Eastern Illinois University
15Law and Section 6a-1d of the State Finance Act with respect to
16Eastern Illinois University; by Section 15-35 of the Governors
17State University Law and Section 6a-1e of the State Finance Act
18with respect to Governors State University; by Section 25-35 of
19the Northeastern Illinois University Law and Section 6a-1f of
20the State Finance Act with respect to Northeastern Illinois
21University; and by Section 35-35 of the Western Illinois
22University Law and Section 6a-1g of the State Finance Act with
23respect to Western Illinois University. On January 1, 1996 all
24funds deposited, retained, or otherwise held under subsection
25(a) of this Section with respect to the universities listed in
26Section 6a shall be transferred, retained and held as provided

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1by the provisions of law cited in this subsection (d) as
2superseding the provisions of subsection (a) of this Section,
3and in accordance with any contracts, pledges, trusts, or
4agreements heretofore made by the Teachers College Board or the
5Board of Governors of State Colleges and Universities, or
6hereafter made by the respective Boards of Trustees of the
7Universities named in this paragraph (d).
8(Source: P.A. 89-4, eff. 1-1-96.)
9 (30 ILCS 105/6a-3) (from Ch. 127, par. 142a3)
10 Sec. 6a-3. The Board of Trustees of Southern Illinois
11University at Carbondale and the Board of Trustees of Southern
12Illinois University at Edwardsville may retain in their
13treasuries sits treasury (a) all moneys received from the sale
14of all bonds issued under the Southern Illinois University
15Revenue Bond Act, (b) all fees, rentals and other charges from
16students, staff members and others using or being served by, or
17having the right to use or the right to be served by, or to
18operate any project acquired under the said Act, (c) all
19tuition, registration, matriculation, health, hospital,
20medical, laboratory, admission, student activities, student
21services, and all other fees collected from students
22matriculated, registered or otherwise enrolled at and
23attending the Universities University pledged under the terms
24of any resolution authorizing bonds, or authorizing a
25supplemental allocation of fees for debt service of bonds

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1theretofore issued, pursuant to the said Act, and (d) all
2rentals from any facility or building acquired under the said
3Act and leased to the United States of America.
4 The Auditor General shall audit or cause to be audited the
5above items of income and all other income and expenditures of
6such institutions institution.
7(Source: P.A. 76-1337.)
8 (30 ILCS 105/10) (from Ch. 127, par. 146)
9 Sec. 10. When an appropriation has been made by the General
10Assembly for the ordinary and contingent expenses of the
11operation, maintenance and administration of the several
12offices, departments, institutions, boards, commissions and
13agencies of the State government, the State Comptroller shall
14draw his warrant on the State Treasurer for the payment of the
15same upon the presentation of itemized vouchers, issued,
16certified, and approved, as follows:
17 For appropriations to:
18 (1) Elective State officers in the executive
19 Department, to be certified and approved by such officers,
20 respectively;
21 (2) The Supreme Court, to be certified and approved by
22 the Chief Justice thereof;
23 (3) Appellate Court, to be certified and approved by
24 the Chief Justice of each judicial district;
25 (4) The State Senate, to be certified and approved by

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1 the President;
2 (5) The House of Representatives, to be certified and
3 approved by the Speaker;
4 (6) The Auditor General, to be certified and approved
5 by the Auditor General;
6 (7) Clerks of courts, to be certified and approved by
7 the clerk incurring expenditures;
8 (8) The departments under the Civil Administrative
9 Code, to be certified and approved by the Director or
10 Secretary of the Department;
11 (9) The University of Illinois, to be certified by the
12 president of the University;
13 (10) The State Universities Retirement System, to be
14 certified to by the President and Secretary of the Board of
15 Trustees of the System;
16 (11) Illinois State University, to be certified to by
17 the president of that University;
18 (12) Northern Illinois University, to be certified to
19 by the president of that University;
20 (12a) Chicago State University, certified to by the
21 president of that University;
22 (12b) Eastern Illinois University, certified to by the
23 president of that University;
24 (12c) Governors State University, certified to by the
25 president of that University;
26 (12d) Northeastern Illinois University, certified to

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1 by the president of that University;
2 (12e) Western Illinois University, certified to by the
3 president of that University;
4 (13) Southern Illinois University at Carbondale, to be
5 certified to by the President of the University;
6 (13a) Southern Illinois University at Edwardsville, to
7 be certified to by the President and Secretary of the Board
8 of Trustees of Southern Illinois University at
9 Edwardsville, with the corporate seal of the University
10 attached thereto;
11 (14) The Adjutant General, to be certified and approved
12 by the Adjutant General;
13 (15) The Illinois Legislative Investigating
14 Commission, to be certified and approved by its Chairman,
15 or when it is organized with Co-Chairmen, by either of its
16 Co-Chairmen;
17 (16) All other officers, boards, commissions and
18 agencies of the State government, certified and approved by
19 such officer or by the president or chairman and secretary
20 or by the executive officer of such board, commission or
21 agency;
22 (17) Individuals, to be certified by such individuals;
23 (18) The farmers' institute, agricultural, livestock,
24 poultry, scientific, benevolent, and other private
25 associations, or corporations of whatsoever nature, to be
26 certified and approved by the president and secretary of

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1 such society.
2 Nothing contained in this Section shall be construed to
3amend or modify the "Personnel Code".
4 This Section is subject to Section 9.02.
5(Source: P.A. 98-788, eff. 7-25-14.)
6 (30 ILCS 105/12-1) (from Ch. 127, par. 148-1)
7 Sec. 12-1. Travel control boards.
8 (a) The following travel control boards are created with
9the members and jurisdiction set forth below:
10 (1) A Travel Control Board is created within the Office
11 of the Attorney General consisting of the Attorney General
12 as chairman and 2 members of his supervisory staff
13 appointed by him. The board shall have jurisdiction over
14 travel by employees of the office.
15 (2) A Travel Control Board is created within the Office
16 of the State Comptroller consisting of the Comptroller as
17 chairman and 2 members of his supervisory staff appointed
18 by him. The board shall have jurisdiction over travel by
19 employees of the office.
20 (3) The Higher Education Travel Control Board shall
21 consist of 12 11 members, one to be appointed by each of
22 the following: the Board of Trustees of the University of
23 Illinois, the Board of Trustees of Southern Illinois
24 University at Carbondale, the Board of Trustees of Southern
25 Illinois University at Edwardsville, the Board of Trustees

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1 of Chicago State University, the Board of Trustees of
2 Eastern Illinois University, the Board of Trustees of
3 Governors State University, the Board of Trustees of
4 Illinois State University, the Board of Trustees of
5 Northeastern Illinois University, the Board of Trustees of
6 Northern Illinois University, the Board of Trustees of
7 Western Illinois University, the Illinois Community
8 College Board and the Illinois Board of Higher Education.
9 Each member shall be an officer, member or employee of the
10 board making the appointment, or of an institution governed
11 or maintained by such board. The board shall have
12 jurisdiction over travel by the Board of Higher Education,
13 the Board of Trustees of the University of Illinois, the
14 Board of Trustees of Southern Illinois University at
15 Carbondale, the Board of Trustees of Southern Illinois
16 University at Edwardsville, the Board of Trustees of
17 Chicago State University, the Board of Trustees of Eastern
18 Illinois University, the Board of Trustees of Governors
19 State University, the Board of Trustees of Illinois State
20 University, the Board of Trustees of Northeastern Illinois
21 University, the Board of Trustees of Northern Illinois
22 University, the Board of Trustees of Western Illinois
23 University, the Illinois Community College Board, the
24 State Community College of East St. Louis (abolished under
25 Section 2-12.1 of the Public Community College Act), the
26 Illinois State Scholarship Commission, the State

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1 Universities Retirement System, the University Civil
2 Service Merit Board, the Board of Trustees of the Illinois
3 Mathematics and Science Academy and all employees of the
4 named Boards, Commission and System and of the institutions
5 governed or maintained by the named Boards. The Higher
6 Education Travel Control Board shall select a chairman from
7 among its members.
8 (4) The Legislative Travel Control Board shall consist
9 of the following members serving ex-officio: The Auditor
10 General as chairman, the President and the Minority Leader
11 of the Senate and the Speaker and the Minority Leader of
12 the House of Representatives. The board shall have
13 jurisdiction over travel by employees of: the General
14 Assembly, legislative boards and commissions, the Office
15 of the Auditor General and all legislative agencies.
16 (5) A Travel Control Board is created within the Office
17 of the Lieutenant Governor consisting of the Lieutenant
18 Governor as chairman and 2 members of his supervisory staff
19 appointed by him. The board shall have jurisdiction over
20 travel by employees of the office. The Travel Control Board
21 within the office of the Lieutenant Governor is subject to
22 the provisions of Section 405-500 of the Department of
23 Central Management Services Law (20 ILCS 405/405-500).
24 (6) A Travel Control Board is created within the Office
25 of the Secretary of State consisting of the Secretary of
26 State as chairman, and 2 members of his supervisory staff

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1 appointed by him. The board shall have jurisdiction over
2 travel by employees of the office.
3 (7) A Travel Control Board is created within the
4 Judicial Branch consisting of a chairman and 2 members
5 appointed by the Supreme Court. The board shall have
6 jurisdiction over travel by personnel of the Judicial
7 Branch, except the circuit courts and the judges.
8 (8) A Travel Control Board is created under the State
9 Board of Education, consisting of the State Superintendent
10 of Education as chairman, and 2 members of his supervisory
11 staff appointed by the State Board of Education. The Board
12 shall have jurisdiction over travel by employees of the
13 State Board of Education.
14 (9) A Travel Control Board is created within the Office
15 of the State Treasurer, consisting of the State Treasurer
16 as chairman and 2 members of his supervisory staff
17 appointed by him. The board shall have jurisdiction over
18 travel by employees of the office.
19 (10) A Governor's Travel Control Board is created
20 consisting of the Governor ex-officio as chairman, and 2
21 members appointed by the Governor. The board shall have
22 jurisdiction over travel by employees and officers of all
23 State agencies as defined in the Illinois State Auditing
24 Act, except for the following: judges, members of the
25 General Assembly, elected constitutional officers of the
26 State, the Auditor General, and personnel under the

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1 jurisdiction of another travel control board created by
2 statute.
3 (a-5) The Commissioner of Banks and Real Estate, the
4Prisoner Review Board, and the State Fire Marshal shall submit
5to the Governor's Travel Control Board the quarterly reports
6required by regulation pertaining to their employees
7reimbursed for housing.
8 (b) Each travel control board created by this Section shall
9meet at the call of the chairman at least quarterly to review
10all vouchers, or a report thereof, for travel reimbursements
11involving an exception to the State Travel Regulations and
12Rates. Each travel control board shall prescribe the procedures
13for submission of an information copy of vouchers involving an
14exception to the general provisions established by the State
15Travel Regulations and Reimbursement Rates.
16 (c) Any chairman or member of a travel control board may,
17with the consent of the respective appointing official,
18designate a deputy to serve in his place at any or all meetings
19of the board. The designation shall be in writing and directed
20to the chairman of the board.
21 (d) No member of a travel control board may receive
22additional compensation for his service as a member.
23 (e) A report of the travel reimbursement claims reviewed by
24each travel control board shall be submitted to the Legislative
25Audit Commission at least once each quarter and that Commission
26shall comment on all such reports in its annual reports to the

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1General Assembly.
2(Source: P.A. 97-333, eff. 8-12-11.)
3 (30 ILCS 105/13.2) (from Ch. 127, par. 149.2)
4 Sec. 13.2. Transfers among line item appropriations.
5 (a) Transfers among line item appropriations from the same
6treasury fund for the objects specified in this Section may be
7made in the manner provided in this Section when the balance
8remaining in one or more such line item appropriations is
9insufficient for the purpose for which the appropriation was
10made.
11 (a-1) No transfers may be made from one agency to another
12agency, nor may transfers be made from one institution of
13higher education to another institution of higher education
14except as provided by subsection (a-4).
15 (a-2) Except as otherwise provided in this Section,
16transfers may be made only among the objects of expenditure
17enumerated in this Section, except that no funds may be
18transferred from any appropriation for personal services, from
19any appropriation for State contributions to the State
20Employees' Retirement System, from any separate appropriation
21for employee retirement contributions paid by the employer, nor
22from any appropriation for State contribution for employee
23group insurance. During State fiscal year 2005, an agency may
24transfer amounts among its appropriations within the same
25treasury fund for personal services, employee retirement

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1contributions paid by employer, and State Contributions to
2retirement systems; notwithstanding and in addition to the
3transfers authorized in subsection (c) of this Section, the
4fiscal year 2005 transfers authorized in this sentence may be
5made in an amount not to exceed 2% of the aggregate amount
6appropriated to an agency within the same treasury fund. During
7State fiscal year 2007, the Departments of Children and Family
8Services, Corrections, Human Services, and Juvenile Justice
9may transfer amounts among their respective appropriations
10within the same treasury fund for personal services, employee
11retirement contributions paid by employer, and State
12contributions to retirement systems. During State fiscal year
132010, the Department of Transportation may transfer amounts
14among their respective appropriations within the same treasury
15fund for personal services, employee retirement contributions
16paid by employer, and State contributions to retirement
17systems. During State fiscal years 2010 and 2014 only, an
18agency may transfer amounts among its respective
19appropriations within the same treasury fund for personal
20services, employee retirement contributions paid by employer,
21and State contributions to retirement systems.
22Notwithstanding, and in addition to, the transfers authorized
23in subsection (c) of this Section, these transfers may be made
24in an amount not to exceed 2% of the aggregate amount
25appropriated to an agency within the same treasury fund.
26 (a-2.5) During State fiscal year 2015 only, the State's

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1Attorneys Appellate Prosecutor may transfer amounts among its
2respective appropriations contained in operational line items
3within the same treasury fund. Notwithstanding, and in addition
4to, the transfers authorized in subsection (c) of this Section,
5these transfers may be made in an amount not to exceed 4% of
6the aggregate amount appropriated to the State's Attorneys
7Appellate Prosecutor within the same treasury fund.
8 (a-3) Further, if an agency receives a separate
9appropriation for employee retirement contributions paid by
10the employer, any transfer by that agency into an appropriation
11for personal services must be accompanied by a corresponding
12transfer into the appropriation for employee retirement
13contributions paid by the employer, in an amount sufficient to
14meet the employer share of the employee contributions required
15to be remitted to the retirement system.
16 (a-4) Long-Term Care Rebalancing. The Governor may
17designate amounts set aside for institutional services
18appropriated from the General Revenue Fund or any other State
19fund that receives monies for long-term care services to be
20transferred to all State agencies responsible for the
21administration of community-based long-term care programs,
22including, but not limited to, community-based long-term care
23programs administered by the Department of Healthcare and
24Family Services, the Department of Human Services, and the
25Department on Aging, provided that the Director of Healthcare
26and Family Services first certifies that the amounts being

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1transferred are necessary for the purpose of assisting persons
2in or at risk of being in institutional care to transition to
3community-based settings, including the financial data needed
4to prove the need for the transfer of funds. The total amounts
5transferred shall not exceed 4% in total of the amounts
6appropriated from the General Revenue Fund or any other State
7fund that receives monies for long-term care services for each
8fiscal year. A notice of the fund transfer must be made to the
9General Assembly and posted at a minimum on the Department of
10Healthcare and Family Services website, the Governor's Office
11of Management and Budget website, and any other website the
12Governor sees fit. These postings shall serve as notice to the
13General Assembly of the amounts to be transferred. Notice shall
14be given at least 30 days prior to transfer.
15 (b) In addition to the general transfer authority provided
16under subsection (c), the following agencies have the specific
17transfer authority granted in this subsection:
18 The Department of Healthcare and Family Services is
19authorized to make transfers representing savings attributable
20to not increasing grants due to the births of additional
21children from line items for payments of cash grants to line
22items for payments for employment and social services for the
23purposes outlined in subsection (f) of Section 4-2 of the
24Illinois Public Aid Code.
25 The Department of Children and Family Services is
26authorized to make transfers not exceeding 2% of the aggregate

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1amount appropriated to it within the same treasury fund for the
2following line items among these same line items: Foster Home
3and Specialized Foster Care and Prevention, Institutions and
4Group Homes and Prevention, and Purchase of Adoption and
5Guardianship Services.
6 The Department on Aging is authorized to make transfers not
7exceeding 2% of the aggregate amount appropriated to it within
8the same treasury fund for the following Community Care Program
9line items among these same line items: purchase of services
10covered by the Community Care Program and Comprehensive Case
11Coordination.
12 The State Treasurer is authorized to make transfers among
13line item appropriations from the Capital Litigation Trust
14Fund, with respect to costs incurred in fiscal years 2002 and
152003 only, when the balance remaining in one or more such line
16item appropriations is insufficient for the purpose for which
17the appropriation was made, provided that no such transfer may
18be made unless the amount transferred is no longer required for
19the purpose for which that appropriation was made.
20 The State Board of Education is authorized to make
21transfers from line item appropriations within the same
22treasury fund for General State Aid, General State Aid - Hold
23Harmless, and Evidence-Based Funding, provided that no such
24transfer may be made unless the amount transferred is no longer
25required for the purpose for which that appropriation was made,
26to the line item appropriation for Transitional Assistance when

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1the balance remaining in such line item appropriation is
2insufficient for the purpose for which the appropriation was
3made.
4 The State Board of Education is authorized to make
5transfers between the following line item appropriations
6within the same treasury fund: Disabled Student
7Services/Materials (Section 14-13.01 of the School Code),
8Disabled Student Transportation Reimbursement (Section
914-13.01 of the School Code), Disabled Student Tuition -
10Private Tuition (Section 14-7.02 of the School Code),
11Extraordinary Special Education (Section 14-7.02b of the
12School Code), Reimbursement for Free Lunch/Breakfast Program,
13Summer School Payments (Section 18-4.3 of the School Code), and
14Transportation - Regular/Vocational Reimbursement (Section
1529-5 of the School Code). Such transfers shall be made only
16when the balance remaining in one or more such line item
17appropriations is insufficient for the purpose for which the
18appropriation was made and provided that no such transfer may
19be made unless the amount transferred is no longer required for
20the purpose for which that appropriation was made.
21 The Department of Healthcare and Family Services is
22authorized to make transfers not exceeding 4% of the aggregate
23amount appropriated to it, within the same treasury fund, among
24the various line items appropriated for Medical Assistance.
25 (c) The sum of such transfers for an agency in a fiscal
26year shall not exceed 2% of the aggregate amount appropriated

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1to it within the same treasury fund for the following objects:
2Personal Services; Extra Help; Student and Inmate
3Compensation; State Contributions to Retirement Systems; State
4Contributions to Social Security; State Contribution for
5Employee Group Insurance; Contractual Services; Travel;
6Commodities; Printing; Equipment; Electronic Data Processing;
7Operation of Automotive Equipment; Telecommunications
8Services; Travel and Allowance for Committed, Paroled and
9Discharged Prisoners; Library Books; Federal Matching Grants
10for Student Loans; Refunds; Workers' Compensation,
11Occupational Disease, and Tort Claims; and, in appropriations
12to institutions of higher education, Awards and Grants.
13Notwithstanding the above, any amounts appropriated for
14payment of workers' compensation claims to an agency to which
15the authority to evaluate, administer and pay such claims has
16been delegated by the Department of Central Management Services
17may be transferred to any other expenditure object where such
18amounts exceed the amount necessary for the payment of such
19claims.
20 (c-1) Special provisions for State fiscal year 2003.
21Notwithstanding any other provision of this Section to the
22contrary, for State fiscal year 2003 only, transfers among line
23item appropriations to an agency from the same treasury fund
24may be made provided that the sum of such transfers for an
25agency in State fiscal year 2003 shall not exceed 3% of the
26aggregate amount appropriated to that State agency for State

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1fiscal year 2003 for the following objects: personal services,
2except that no transfer may be approved which reduces the
3aggregate appropriations for personal services within an
4agency; extra help; student and inmate compensation; State
5contributions to retirement systems; State contributions to
6social security; State contributions for employee group
7insurance; contractual services; travel; commodities;
8printing; equipment; electronic data processing; operation of
9automotive equipment; telecommunications services; travel and
10allowance for committed, paroled, and discharged prisoners;
11library books; federal matching grants for student loans;
12refunds; workers' compensation, occupational disease, and tort
13claims; and, in appropriations to institutions of higher
14education, awards and grants.
15 (c-2) Special provisions for State fiscal year 2005.
16Notwithstanding subsections (a), (a-2), and (c), for State
17fiscal year 2005 only, transfers may be made among any line
18item appropriations from the same or any other treasury fund
19for any objects or purposes, without limitation, when the
20balance remaining in one or more such line item appropriations
21is insufficient for the purpose for which the appropriation was
22made, provided that the sum of those transfers by a State
23agency shall not exceed 4% of the aggregate amount appropriated
24to that State agency for fiscal year 2005.
25 (c-3) Special provisions for State fiscal year 2015.
26Notwithstanding any other provision of this Section, for State

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1fiscal year 2015, transfers among line item appropriations to a
2State agency from the same State treasury fund may be made for
3operational or lump sum expenses only, provided that the sum of
4such transfers for a State agency in State fiscal year 2015
5shall not exceed 4% of the aggregate amount appropriated to
6that State agency for operational or lump sum expenses for
7State fiscal year 2015. For the purpose of this subsection,
8"operational or lump sum expenses" includes the following
9objects: personal services; extra help; student and inmate
10compensation; State contributions to retirement systems; State
11contributions to social security; State contributions for
12employee group insurance; contractual services; travel;
13commodities; printing; equipment; electronic data processing;
14operation of automotive equipment; telecommunications
15services; travel and allowance for committed, paroled, and
16discharged prisoners; library books; federal matching grants
17for student loans; refunds; workers' compensation,
18occupational disease, and tort claims; lump sum and other
19purposes; and lump sum operations. For the purpose of this
20subsection (c-3), "State agency" does not include the Attorney
21General, the Secretary of State, the Comptroller, the
22Treasurer, or the legislative or judicial branches.
23 (c-4) Special provisions for State fiscal year 2018.
24Notwithstanding any other provision of this Section, for State
25fiscal year 2018, transfers among line item appropriations to a
26State agency from the same State treasury fund may be made for

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1operational or lump sum expenses only, provided that the sum of
2such transfers for a State agency in State fiscal year 2018
3shall not exceed 4% of the aggregate amount appropriated to
4that State agency for operational or lump sum expenses for
5State fiscal year 2018. For the purpose of this subsection
6(c-4), "operational or lump sum expenses" includes the
7following objects: personal services; extra help; student and
8inmate compensation; State contributions to retirement
9systems; State contributions to social security; State
10contributions for employee group insurance; contractual
11services; travel; commodities; printing; equipment; electronic
12data processing; operation of automotive equipment;
13telecommunications services; travel and allowance for
14committed, paroled, and discharged prisoners; library books;
15federal matching grants for student loans; refunds; workers'
16compensation, occupational disease, and tort claims; lump sum
17and other purposes; and lump sum operations. For the purpose of
18this subsection (c-4), "State agency" does not include the
19Attorney General, the Secretary of State, the Comptroller, the
20Treasurer, or the legislative or judicial branches.
21 (d) Transfers among appropriations made to agencies of the
22Legislative and Judicial departments and to the
23constitutionally elected officers in the Executive branch
24require the approval of the officer authorized in Section 10 of
25this Act to approve and certify vouchers. Transfers among
26appropriations made to the University of Illinois, Southern

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1Illinois University at Carbondale, Southern Illinois
2University at Edwardsville, Chicago State University, Eastern
3Illinois University, Governors State University, Illinois
4State University, Northeastern Illinois University, Northern
5Illinois University, Western Illinois University, the Illinois
6Mathematics and Science Academy and the Board of Higher
7Education require the approval of the Board of Higher Education
8and the Governor. Transfers among appropriations to all other
9agencies require the approval of the Governor.
10 The officer responsible for approval shall certify that the
11transfer is necessary to carry out the programs and purposes
12for which the appropriations were made by the General Assembly
13and shall transmit to the State Comptroller a certified copy of
14the approval which shall set forth the specific amounts
15transferred so that the Comptroller may change his records
16accordingly. The Comptroller shall furnish the Governor with
17information copies of all transfers approved for agencies of
18the Legislative and Judicial departments and transfers
19approved by the constitutionally elected officials of the
20Executive branch other than the Governor, showing the amounts
21transferred and indicating the dates such changes were entered
22on the Comptroller's records.
23 (e) The State Board of Education, in consultation with the
24State Comptroller, may transfer line item appropriations for
25General State Aid or Evidence-Based Funding between the Common
26School Fund and the Education Assistance Fund. With the advice

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1and consent of the Governor's Office of Management and Budget,
2the State Board of Education, in consultation with the State
3Comptroller, may transfer line item appropriations between the
4General Revenue Fund and the Education Assistance Fund for the
5following programs:
6 (1) Disabled Student Personnel Reimbursement (Section
7 14-13.01 of the School Code);
8 (2) Disabled Student Transportation Reimbursement
9 (subsection (b) of Section 14-13.01 of the School Code);
10 (3) Disabled Student Tuition - Private Tuition
11 (Section 14-7.02 of the School Code);
12 (4) Extraordinary Special Education (Section 14-7.02b
13 of the School Code);
14 (5) Reimbursement for Free Lunch/Breakfast Programs;
15 (6) Summer School Payments (Section 18-4.3 of the
16 School Code);
17 (7) Transportation - Regular/Vocational Reimbursement
18 (Section 29-5 of the School Code);
19 (8) Regular Education Reimbursement (Section 18-3 of
20 the School Code); and
21 (9) Special Education Reimbursement (Section 14-7.03
22 of the School Code).
23(Source: P.A. 99-2, eff. 3-26-15; 100-23, eff. 7-6-17; 100-465,
24eff. 8-31-17; revised 10-4-17.)
25 (30 ILCS 105/13.5)

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1 Sec. 13.5. Appropriations for education.
2 (a) Except for the State fiscal year beginning on July 1,
32009, State appropriations to the State Board of Education, the
4Board of Trustees of Southern Illinois University at
5Carbondale, the Board of Trustees of Southern Illinois
6University at Edwardsville, the Board of Trustees of the
7University of Illinois, the Board of Trustees of Chicago State
8University, the Board of Trustees of Eastern Illinois
9University, the Board of Trustees of Illinois State University,
10the Board of Trustees of Governors State University, the Board
11of Trustees of Northeastern Illinois University, the Board of
12Trustees of Northern Illinois University, and the Board of
13Trustees of Western Illinois University for operations shall
14identify the amounts appropriated for personal services, State
15contributions to social security for Medicare, contractual
16services, travel, commodities, equipment, operation of
17automotive equipment, telecommunications, awards and grants,
18and permanent improvements.
19 (b) Within 120 days after the conclusion of each fiscal
20year, each State-supported institution of higher learning must
21provide, through the Illinois Board of Higher Education, a
22financial report to the Governor and General Assembly
23documenting the institution's revenues and expenditures of
24funds for that fiscal year ending June 30 for all funds.
25(Source: P.A. 96-45, eff. 7-15-09.)

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1 Section 75. The State Officers and Employees Money
2Disposition Act is amended by changing Section 1 as follows:
3 (30 ILCS 230/1) (from Ch. 127, par. 170)
4 Sec. 1. Application of Act; exemptions. The officers of the
5Executive Department of the State Government, the Clerk of the
6Supreme Court, the Clerks of the Appellate Courts, the
7Departments of the State government created by the Civil
8Administrative Code of Illinois, and all other officers,
9boards, commissions, commissioners, departments, institutions,
10arms or agencies, or agents of the Executive Department of the
11State government, except the University of Illinois, Southern
12Illinois University at Carbondale, Southern Illinois
13University at Edwardsville, Chicago State University, Eastern
14Illinois University, Governors State University, Illinois
15State University, Northeastern Illinois University, Northern
16Illinois University, Western Illinois University, the
17Cooperative Computer Center, and the Board of Trustees of the
18Illinois Bank Examiners' Education Foundation for moneys
19collected pursuant to subsection (11) of Section 48 of the
20Illinois Banking Act for purposes of the Illinois Bank
21Examiners' Education Program, are subject to this Act. This Act
22shall not apply, however, to any of the following: (i) the
23receipt by any such officer of federal funds made available
24under such conditions as precluded the payment thereof into the
25State Treasury, (ii) (blank), (iii) the Director of Insurance

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1in his capacity as rehabilitator or liquidator under Article
2XIII of the Illinois Insurance Code, (iv) funds received by the
3Illinois State Scholarship Commission from private firms
4employed by the State to collect delinquent amounts due and
5owing from a borrower on any loans guaranteed by such
6Commission under the Higher Education Student Assistance Law or
7on any "eligible loans" as that term is defined under the
8Education Loan Purchase Program Law, or (v) moneys collected on
9behalf of lessees of facilities of the Department of
10Agriculture located on the Illinois State Fairgrounds at
11Springfield and DuQuoin. This Section 1 shall not apply to the
12receipt of funds required to be deposited in the Industrial
13Project Fund pursuant to Section 12 of the Rehabilitation of
14Persons with Disabilities Act.
15(Source: P.A. 99-143, eff. 7-27-15.)
16 Section 80. The Public Funds Investment Act is amended by
17changing Section 6 as follows:
18 (30 ILCS 235/6) (from Ch. 85, par. 906)
19 Sec. 6. Report of financial institutions.
20 (a) No bank shall receive any public funds unless it has
21furnished the corporate authorities of a public agency
22submitting a deposit with copies of the last two sworn
23statements of resources and liabilities which the bank is
24required to furnish to the Commissioner of Banks and Real

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1Estate or to the Comptroller of the Currency. Each bank
2designated as a depository for public funds shall, while acting
3as such depository, furnish the corporate authorities of a
4public agency with a copy of all statements of resources and
5liabilities which it is required to furnish to the Commissioner
6of Banks and Real Estate or to the Comptroller of the Currency;
7provided, that if such funds or moneys are deposited in a bank,
8the amount of all such deposits not collateralized or insured
9by an agency of the federal government shall not exceed 75% of
10the capital stock and surplus of such bank, and the corporate
11authorities of a public agency submitting a deposit shall not
12be discharged from responsibility for any funds or moneys
13deposited in any bank in excess of such limitation.
14 (b) No savings bank or savings and loan association shall
15receive public funds unless it has furnished the corporate
16authorities of a public agency submitting a deposit with copies
17of the last 2 sworn statements of resources and liabilities
18which the savings bank or savings and loan association is
19required to furnish to the Commissioner of Banks and Real
20Estate or the Federal Deposit Insurance Corporation. Each
21savings bank or savings and loan association designated as a
22depository for public funds shall, while acting as such
23depository, furnish the corporate authorities of a public
24agency with a copy of all statements of resources and
25liabilities which it is required to furnish to the Commissioner
26of Banks and Real Estate or the Federal Deposit Insurance

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1Corporation; provided, that if such funds or moneys are
2deposited in a savings bank or savings and loan association,
3the amount of all such deposits not collateralized or insured
4by an agency of the federal government shall not exceed 75% of
5the net worth of such savings bank or savings and loan
6association as defined by the Federal Deposit Insurance
7Corporation, and the corporate authorities of a public agency
8submitting a deposit shall not be discharged from
9responsibility for any funds or moneys deposited in any savings
10bank or savings and loan association in excess of such
11limitation.
12 (c) No credit union shall receive public funds unless it
13has furnished the corporate authorities of a public agency
14submitting a share deposit with copies of the last two reports
15of examination prepared by or submitted to the Illinois
16Department of Financial Institutions or the National Credit
17Union Administration. Each credit union designated as a
18depository for public funds shall, while acting as such
19depository, furnish the corporate authorities of a public
20agency with a copy of all reports of examination prepared by or
21furnished to the Illinois Department of Financial Institutions
22or the National Credit Union Administration; provided that if
23such funds or moneys are invested in a credit union account,
24the amount of all such investments not collateralized or
25insured by an agency of the federal government or other
26approved share insurer shall not exceed 50% of the unimpaired

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1capital and surplus of such credit union, which shall include
2shares, reserves and undivided earnings and the corporate
3authorities of a public agency making an investment shall not
4be discharged from responsibility for any funds or moneys
5invested in a credit union in excess of such limitation.
6 (d) Whenever a public agency deposits any public funds in a
7financial institution, the public agency may enter into an
8agreement with the financial institution requiring any funds
9not insured by the Federal Deposit Insurance Corporation or the
10National Credit Union Administration or other approved share
11insurer to be collateralized by any of the following classes of
12securities, provided there has been no default in the payment
13of principal or interest thereon:
14 (1) Bonds, notes, or other securities constituting
15 direct and general obligations of the United States, the
16 bonds, notes, or other securities constituting the direct
17 and general obligation of any agency or instrumentality of
18 the United States, the interest and principal of which is
19 unconditionally guaranteed by the United States, and
20 bonds, notes, or other securities or evidence of
21 indebtedness constituting the obligation of a U.S. agency
22 or instrumentality.
23 (2) Direct and general obligation bonds of the State of
24 Illinois or of any other state of the United States.
25 (3) Revenue bonds of this State or any authority,
26 board, commission, or similar agency thereof.

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1 (4) Direct and general obligation bonds of any city,
2 town, county, school district, or other taxing body of any
3 state, the debt service of which is payable from general ad
4 valorem taxes.
5 (5) Revenue bonds of any city, town, county, or school
6 district of the State of Illinois.
7 (6) Obligations issued, assumed, or guaranteed by the
8 International Finance Corporation, the principal of which
9 is not amortized during the life of the obligation, but no
10 such obligation shall be accepted at more than 90% of its
11 market value.
12 (7) Illinois Affordable Housing Program Trust Fund
13 Bonds or Notes as defined in and issued pursuant to the
14 Illinois Housing Development Act.
15 (8) In an amount equal to at least market value of that
16 amount of funds deposited exceeding the insurance
17 limitation provided by the Federal Deposit Insurance
18 Corporation or the National Credit Union Administration or
19 other approved share insurer: (i) securities, (ii)
20 mortgages, (iii) letters of credit issued by a Federal Home
21 Loan Bank, or (iv) loans covered by a State Guarantee under
22 the Illinois Farm Development Act, if that guarantee has
23 been assumed by the Illinois Finance Authority under
24 Section 845-75 of the Illinois Finance Authority Act, and
25 loans covered by a State Guarantee under Article 830 of the
26 Illinois Finance Authority Act.

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1 (9) Certificates of deposit or share certificates
2 issued to the depository institution pledging them as
3 security. The public agency may require security in the
4 amount of 125% of the value of the public agency deposit.
5 Such certificate of deposit or share certificate shall:
6 (i) be fully insured by the Federal Deposit
7 Insurance Corporation, the Federal Savings and Loan
8 Insurance Corporation, or the National Credit Union
9 Share Insurance Fund or issued by a depository
10 institution which is rated within the 3 highest
11 classifications established by at least one of the 2
12 standard rating services;
13 (ii) be issued by a financial institution having
14 assets of $15,000,000 or more; and
15 (iii) be issued by either a savings and loan
16 association having a capital to asset ratio of at least
17 2%, by a bank having a capital to asset ratio of at
18 least 6% or by a credit union having a capital to asset
19 ratio of at least 4%.
20 The depository institution shall effect the assignment of
21the certificate of deposit or share certificate to the public
22agency and shall agree that, in the event the issuer of the
23certificate fails to maintain the capital to asset ratio
24required by this Section, such certificate of deposit or share
25certificate shall be replaced by additional suitable security.
26 (e) The public agency may accept a system established by

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1the State Treasurer to aggregate permissible securities
2received as collateral from financial institutions in a
3collateral pool to secure public deposits of the institutions
4that have pledged securities to the pool.
5 (f) The public agency may at any time declare any
6particular security ineligible to qualify as collateral when,
7in the public agency's judgment, it is deemed desirable to do
8so.
9 (g) Notwithstanding any other provision of this Section, as
10security a public agency may, at its discretion, accept a bond,
11executed by a company authorized to transact the kinds of
12business described in clause (g) of Section 4 of the Illinois
13Insurance Code, in an amount not less than the amount of the
14deposits required by this Section to be secured, payable to the
15public agency for the benefit of the People of the unit of
16government, in a form that is acceptable to the public agency.
17 (h) Paragraphs (a), (b), (c), (d), (e), (f), and (g) of
18this Section do not apply to the University of Illinois,
19Southern Illinois University at Carbondale, Southern Illinois
20University at Edwardsville, Chicago State University, Eastern
21Illinois University, Governors State University, Illinois
22State University, Northeastern Illinois University, Northern
23Illinois University, Western Illinois University, the
24Cooperative Computer Center and public community colleges.
25(Source: P.A. 95-331, eff. 8-21-07.)

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1 Section 85. The Educational Institution Bond Authorization
2Act is amended by changing Section 1 as follows:
3 (30 ILCS 395/1) (from Ch. 127, par. 307)
4 Sec. 1. The State of Illinois is authorized to issue and
5sell and provide for the retirement of bonds of the State of
6Illinois to the amount of $195,000,000 for the purpose of
7providing funds in order to relieve overcrowded conditions by
8making permanent improvements at educational institutions
9owned by this State which are now under the jurisdiction,
10management and control of the Board of Trustees of the
11University of Illinois, the Board of Trustees of Southern
12Illinois University at Carbondale, the Board of Trustees of
13Southern Illinois University at Edwardsville, the Board of
14Trustees of Chicago State University, the Board of Trustees of
15Eastern Illinois University, the Board of Trustees of Governors
16State University, the Board of Trustees of Illinois State
17University, the Board of Trustees of Northeastern Illinois
18University, the Board of Trustees of Northern Illinois
19University, and the Board of Trustees of Western Illinois
20University.
21(Source: P.A. 89-4, eff. 1-1-96.)
22 Section 90. The Illinois Procurement Code is amended by
23changing Sections 1-13, 1-15.100, 50-13, and 50-37 as follows:

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1 (30 ILCS 500/1-13)
2 Sec. 1-13. Applicability to public institutions of higher
3education.
4 (a) This Code shall apply to public institutions of higher
5education, regardless of the source of the funds with which
6contracts are paid, except as provided in this Section.
7 (b) Except as provided in this Section, this Code shall not
8apply to procurements made by or on behalf of public
9institutions of higher education for any of the following:
10 (1) Memberships in professional, academic, research,
11 or athletic organizations on behalf of a public institution
12 of higher education, an employee of a public institution of
13 higher education, or a student at a public institution of
14 higher education.
15 (2) Procurement expenditures for events or activities
16 paid for exclusively by revenues generated by the event or
17 activity, gifts or donations for the event or activity,
18 private grants, or any combination thereof.
19 (3) Procurement expenditures for events or activities
20 for which the use of specific potential contractors is
21 mandated or identified by the sponsor of the event or
22 activity, provided that the sponsor is providing a majority
23 of the funding for the event or activity.
24 (4) Procurement expenditures necessary to provide
25 athletic, artistic or musical services, performances,
26 events, or productions by or for a public institution of

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1 higher education.
2 (5) Procurement expenditures for periodicals, books,
3 subscriptions, database licenses, and other publications
4 procured for use by a university library or academic
5 department, except for expenditures related to procuring
6 textbooks for student use or materials for resale or
7 rental.
8 (6) Procurement expenditures for placement of students
9 in externships, practicums, field experiences, and for
10 medical residencies and rotations.
11 (7) Contracts for programming and broadcast license
12 rights for university-operated radio and television
13 stations.
14 (8) Procurement expenditures necessary to perform
15 sponsored research and other sponsored activities under
16 grants and contracts funded by the sponsor or by sources
17 other than State appropriations.
18 (9) Contracts with a foreign entity for research or
19 educational activities, provided that the foreign entity
20 either does not maintain an office in the United States or
21 is the sole source of the service or product.
22Notice of each contract entered into by a public institution of
23higher education that is related to the procurement of goods
24and services identified in items (1) through (9) of this
25subsection shall be published in the Procurement Bulletin
26within 14 calendar days after contract execution. The Chief

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1Procurement Officer shall prescribe the form and content of the
2notice. Each public institution of higher education shall
3provide the Chief Procurement Officer, on a monthly basis, in
4the form and content prescribed by the Chief Procurement
5Officer, a report of contracts that are related to the
6procurement of goods and services identified in this
7subsection. At a minimum, this report shall include the name of
8the contractor, a description of the supply or service
9provided, the total amount of the contract, the term of the
10contract, and the exception to the Code utilized. A copy of any
11or all of these contracts shall be made available to the Chief
12Procurement Officer immediately upon request. The Chief
13Procurement Officer shall submit a report to the Governor and
14General Assembly no later than November 1 of each year that
15shall include, at a minimum, an annual summary of the monthly
16information reported to the Chief Procurement Officer.
17 (b-5) Except as provided in this subsection, the provisions
18of this Code shall not apply to contracts for medical supplies,
19and to contracts for medical services necessary for the
20delivery of care and treatment at medical, dental, or
21veterinary teaching facilities utilized by Southern Illinois
22University or the University of Illinois and at any
23university-operated health care center or dispensary that
24provides care, treatment, and medications for students,
25faculty and staff. Other supplies and services needed for these
26teaching facilities shall be subject to the jurisdiction of the

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1Chief Procurement Officer for Public Institutions of Higher
2Education who may establish expedited procurement procedures
3and may waive or modify certification, contract, hearing,
4process and registration requirements required by the Code. All
5procurements made under this subsection shall be documented and
6may require publication in the Illinois Procurement Bulletin.
7 (c) Procurements made by or on behalf of public
8institutions of higher education for the fulfillment of a grant
9shall be made in accordance with the requirements of this Code
10to the extent practical.
11 Upon the written request of a public institution of higher
12education, the Chief Procurement Officer may waive contract,
13registration, certification, and hearing requirements of this
14Code if, based on the item to be procured or the terms of a
15grant, compliance is impractical. The public institution of
16higher education shall provide the Chief Procurement Officer
17with specific reasons for the waiver, including the necessity
18of contracting with a particular potential contractor, and
19shall certify that an effort was made in good faith to comply
20with the provisions of this Code. The Chief Procurement Officer
21shall provide written justification for any waivers. By
22November 1 of each year, the Chief Procurement Officer shall
23file a report with the General Assembly identifying each
24contract approved with waivers and providing the justification
25given for any waivers for each of those contracts. Notice of
26each waiver made under this subsection shall be published in

HB1292 Engrossed- 100 -LRB100 02980 NHT 12985 b
1the Procurement Bulletin within 14 calendar days after contract
2execution. The Chief Procurement Officer shall prescribe the
3form and content of the notice.
4 (d) Notwithstanding this Section, a waiver of the
5registration requirements of Section 20-160 does not permit a
6business entity and any affiliated entities or affiliated
7persons to make campaign contributions if otherwise prohibited
8by Section 50-37. The total amount of contracts awarded in
9accordance with this Section shall be included in determining
10the aggregate amount of contracts or pending bids of a business
11entity and any affiliated entities or affiliated persons.
12 (e) Notwithstanding subsection (e) of Section 50-10.5 of
13this Code, the Chief Procurement Officer, with the approval of
14the Executive Ethics Commission, may permit a public
15institution of higher education to accept a bid or enter into a
16contract with a business that assisted the public institution
17of higher education in determining whether there is a need for
18a contract or assisted in reviewing, drafting, or preparing
19documents related to a bid or contract, provided that the bid
20or contract is essential to research administered by the public
21institution of higher education and it is in the best interest
22of the public institution of higher education to accept the bid
23or contract. For purposes of this subsection, "business"
24includes all individuals with whom a business is affiliated,
25including, but not limited to, any officer, agent, employee,
26consultant, independent contractor, director, partner,

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1manager, or shareholder of a business. The Executive Ethics
2Commission may promulgate rules and regulations for the
3implementation and administration of the provisions of this
4subsection (e).
5 (f) As used in this Section:
6 "Grant" means non-appropriated funding provided by a
7federal or private entity to support a project or program
8administered by a public institution of higher education and
9any non-appropriated funding provided to a sub-recipient of the
10grant.
11 "Public institution of higher education" means Chicago
12State University, Eastern Illinois University, Governors State
13University, Illinois State University, Northeastern Illinois
14University, Northern Illinois University, Southern Illinois
15University at Carbondale, Southern Illinois University at
16Edwardsville, University of Illinois, Western Illinois
17University, and, for purposes of this Code only, the Illinois
18Mathematics and Science Academy.
19 (g) (Blank).
20 (h) The General Assembly finds and declares that:
21 (1) Public Act 98-1076, which took effect on January 1,
22 2015, changed the repeal date set for this Section from
23 December 31, 2014 to December 31, 2016.
24 (2) The Statute on Statutes sets forth general rules on
25 the repeal of statutes and the construction of multiple
26 amendments, but Section 1 of that Act also states that

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1 these rules will not be observed when the result would be
2 "inconsistent with the manifest intent of the General
3 Assembly or repugnant to the context of the statute".
4 (3) This amendatory Act of the 100th General Assembly
5 manifests the intention of the General Assembly to remove
6 the repeal of this Section.
7 (4) This Section was originally enacted to protect,
8 promote, and preserve the general welfare. Any
9 construction of this Section that results in the repeal of
10 this Section on December 31, 2014 would be inconsistent
11 with the manifest intent of the General Assembly and
12 repugnant to the context of this Code.
13 It is hereby declared to have been the intent of the
14General Assembly that this Section not be subject to repeal on
15December 31, 2014.
16 This Section shall be deemed to have been in continuous
17effect since December 20, 2011 (the effective date of Public
18Act 97-643), and it shall continue to be in effect henceforward
19until it is otherwise lawfully repealed. All previously enacted
20amendments to this Section taking effect on or after December
2131, 2014, are hereby validated.
22 All actions taken in reliance on or pursuant to this
23Section by any public institution of higher education, person,
24or entity are hereby validated.
25 In order to ensure the continuing effectiveness of this
26Section, it is set forth in full and re-enacted by this

HB1292 Engrossed- 103 -LRB100 02980 NHT 12985 b
1amendatory Act of the 100th General Assembly. This re-enactment
2is intended as a continuation of this Section. It is not
3intended to supersede any amendment to this Section that is
4enacted by the 100th General Assembly.
5 In this amendatory Act of the 100th General Assembly, the
6base text of the reenacted Section is set forth as amended by
7Public Act 98-1076. Striking and underscoring is used only to
8show changes being made to the base text.
9 This Section applies to all procurements made on or before
10the effective date of this amendatory Act of the 100th General
11Assembly.
12(Source: P.A. 100-43, eff. 8-9-17.)
13 (30 ILCS 500/1-15.100)
14 Sec. 1-15.100. State agency. "State agency" means and
15includes all boards, commissions, agencies, institutions,
16authorities, and bodies politic and corporate of the State,
17created by or in accordance with the constitution or statute,
18of the executive branch of State government and does include
19colleges, universities, and institutions under the
20jurisdiction of the governing boards of the University of
21Illinois, Southern Illinois University at Carbondale, Southern
22Illinois University at Edwardsville, Illinois State
23University, Eastern Illinois University, Northern Illinois
24University, Western Illinois University, Chicago State
25University, Governor State University, Northeastern Illinois

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1University, and the Board of Higher Education. However, this
2term does not apply to public employee retirement systems or
3investment boards that are subject to fiduciary duties imposed
4by the Illinois Pension Code or to the University of Illinois
5Foundation. "State agency" does not include units of local
6government, school districts, community colleges under the
7Public Community College Act, and the Illinois Comprehensive
8Health Insurance Board.
9(Source: P.A. 90-572, eff. 2-6-98.)
10 (30 ILCS 500/50-13)
11 Sec. 50-13. Conflicts of interest.
12 (a) Prohibition. It is unlawful for any person holding an
13elective office in this State, holding a seat in the General
14Assembly, or appointed to or employed in any of the offices or
15agencies of State government and who receives compensation for
16such employment in excess of 60% of the salary of the Governor
17of the State of Illinois, or who is an officer or employee of
18the Capital Development Board or the Illinois Toll Highway
19Authority, or who is the spouse or minor child of any such
20person to have or acquire any contract, or any direct pecuniary
21interest in any contract therein, whether for stationery,
22printing, paper, or any services, materials, or supplies, that
23will be wholly or partially satisfied by the payment of funds
24appropriated by the General Assembly of the State of Illinois
25or in any contract of the Capital Development Board or the

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1Illinois Toll Highway Authority.
2 (b) Interests. It is unlawful for any firm, partnership,
3association, or corporation, in which any person listed in
4subsection (a) is entitled to receive (i) more than 7 1/2% of
5the total distributable income or (ii) an amount in excess of
6the salary of the Governor, to have or acquire any such
7contract or direct pecuniary interest therein.
8 (c) Combined interests. It is unlawful for any firm,
9partnership, association, or corporation, in which any person
10listed in subsection (a) together with his or her spouse or
11minor children is entitled to receive (i) more than 15%, in the
12aggregate, of the total distributable income or (ii) an amount
13in excess of 2 times the salary of the Governor, to have or
14acquire any such contract or direct pecuniary interest therein.
15 (c-5) Appointees and firms. In addition to any provisions
16of this Code, the interests of certain appointees and their
17firms are subject to Section 3A-35 of the Illinois Governmental
18Ethics Act.
19 (d) Securities. Nothing in this Section invalidates the
20provisions of any bond or other security previously offered or
21to be offered for sale or sold by or for the State of Illinois.
22 (e) Prior interests. This Section does not affect the
23validity of any contract made between the State and an officer
24or employee of the State or member of the General Assembly, his
25or her spouse, minor child, or other immediate family member
26living in his or her residence or any combination of those

HB1292 Engrossed- 106 -LRB100 02980 NHT 12985 b
1persons if that contract was in existence before his or her
2election or employment as an officer, member, or employee. The
3contract is voidable, however, if it cannot be completed within
4365 calendar days after the officer, member, or employee takes
5office or is employed.
6 (f) Exceptions.
7 (1) Public aid payments. This Section does not apply to
8 payments made for a public aid recipient.
9 (2) Teaching. This Section does not apply to a contract
10 for personal services as a teacher or school administrator
11 between a member of the General Assembly or his or her
12 spouse, or a State officer or employee or his or her
13 spouse, and any school district, public community college
14 district, the University of Illinois, Southern Illinois
15 University at Carbondale, Southern Illinois University at
16 Edwardsville, Illinois State University, Eastern Illinois
17 University, Northern Illinois University, Western Illinois
18 University, Chicago State University, Governor State
19 University, or Northeastern Illinois University.
20 (3) Ministerial duties. This Section does not apply to
21 a contract for personal services of a wholly ministerial
22 character, including but not limited to services as a
23 laborer, clerk, typist, stenographer, page, bookkeeper,
24 receptionist, or telephone switchboard operator, made by a
25 spouse or minor child of an elective or appointive State
26 officer or employee or of a member of the General Assembly.

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1 (4) Child and family services. This Section does not
2 apply to payments made to a member of the General Assembly,
3 a State officer or employee, his or her spouse or minor
4 child acting as a foster parent, homemaker, advocate, or
5 volunteer for or in behalf of a child or family served by
6 the Department of Children and Family Services.
7 (5) Licensed professionals. Contracts with licensed
8 professionals, provided they are competitively bid or part
9 of a reimbursement program for specific, customary goods
10 and services through the Department of Children and Family
11 Services, the Department of Human Services, the Department
12 of Healthcare and Family Services, the Department of Public
13 Health, or the Department on Aging.
14 (g) Penalty. A person convicted of a violation of this
15Section is guilty of a business offense and shall be fined not
16less than $1,000 nor more than $5,000.
17(Source: P.A. 98-1076, eff. 1-1-15.)
18 (30 ILCS 500/50-37)
19 Sec. 50-37. Prohibition of political contributions.
20 (a) As used in this Section:
21 The terms "contract", "State contract", and "contract
22 with a State agency" each mean any contract, as defined in
23 this Code, between a business entity and a State agency let
24 or awarded pursuant to this Code. The terms "contract",
25 "State contract", and "contract with a State agency" do not

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1 include cost reimbursement contracts; purchase of care
2 agreements as defined in Section 1-15.68 of this Code;
3 contracts for projects eligible for full or partial
4 federal-aid funding reimbursements authorized by the
5 Federal Highway Administration; grants, including but are
6 not limited to grants for job training or transportation;
7 and grants, loans, or tax credit agreements for economic
8 development purposes.
9 "Contribution" means a contribution as defined in
10 Section 9-1.4 of the Election Code.
11 "Declared candidate" means a person who has filed a
12 statement of candidacy and petition for nomination or
13 election in the principal office of the State Board of
14 Elections.
15 "State agency" means and includes all boards,
16 commissions, agencies, institutions, authorities, and
17 bodies politic and corporate of the State, created by or in
18 accordance with the Illinois Constitution or State
19 statute, of the executive branch of State government and
20 does include colleges, universities, public employee
21 retirement systems, and institutions under the
22 jurisdiction of the governing boards of the University of
23 Illinois, Southern Illinois University at Carbondale,
24 Southern Illinois University at Edwardsville, Illinois
25 State University, Eastern Illinois University, Northern
26 Illinois University, Western Illinois University, Chicago

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1 State University, Governors State University, Northeastern
2 Illinois University, and the Illinois Board of Higher
3 Education.
4 "Officeholder" means the Governor, Lieutenant
5 Governor, Attorney General, Secretary of State,
6 Comptroller, or Treasurer. The Governor shall be
7 considered the officeholder responsible for awarding all
8 contracts by all officers and employees of, and potential
9 contractors and others doing business with, executive
10 branch State agencies under the jurisdiction of the
11 Executive Ethics Commission and not within the
12 jurisdiction of the Attorney General, the Secretary of
13 State, the Comptroller, or the Treasurer.
14 "Sponsoring entity" means a sponsoring entity as
15 defined in Section 9-3 of the Election Code.
16 "Affiliated person" means (i) any person with any
17 ownership interest or distributive share of the bidding or
18 contracting business entity in excess of 7.5%, (ii)
19 executive employees of the bidding or contracting business
20 entity, and (iii) the spouse of any such persons.
21 "Affiliated person" does not include a person prohibited by
22 federal law from making contributions or expenditures in
23 connection with a federal, state, or local election.
24 "Affiliated entity" means (i) any corporate parent and
25 each operating subsidiary of the bidding or contracting
26 business entity, (ii) each operating subsidiary of the

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1 corporate parent of the bidding or contracting business
2 entity, (iii) any organization recognized by the United
3 States Internal Revenue Service as a tax-exempt
4 organization described in Section 501(c) of the Internal
5 Revenue Code of 1986 (or any successor provision of federal
6 tax law) established by the bidding or contracting business
7 entity, any affiliated entity of that business entity, or
8 any affiliated person of that business entity, or (iv) any
9 political committee for which the bidding or contracting
10 business entity, or any 501(c) organization described in
11 item (iii) related to that business entity, is the
12 sponsoring entity. "Affiliated entity" does not include an
13 entity prohibited by federal law from making contributions
14 or expenditures in connection with a federal, state, or
15 local election.
16 "Business entity" means any entity doing business for
17 profit, whether organized as a corporation, partnership,
18 sole proprietorship, limited liability company or
19 partnership, or otherwise.
20 "Executive employee" means (i) the President,
21 Chairman, or Chief Executive Officer of a business entity
22 and any other individual that fulfills equivalent duties as
23 the President, Chairman of the Board, or Chief Executive
24 Officer of a business entity; and (ii) any employee of a
25 business entity whose compensation is determined directly,
26 in whole or in part, by the award or payment of contracts

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1 by a State agency to the entity employing the employee. A
2 regular salary that is paid irrespective of the award or
3 payment of a contract with a State agency shall not
4 constitute "compensation" under item (ii) of this
5 definition. "Executive employee" does not include any
6 person prohibited by federal law from making contributions
7 or expenditures in connection with a federal, state, or
8 local election.
9 (b) Any business entity whose contracts with State
10agencies, in the aggregate, annually total more than $50,000,
11and any affiliated entities or affiliated persons of such
12business entity, are prohibited from making any contributions
13to any political committees established to promote the
14candidacy of (i) the officeholder responsible for awarding the
15contracts or (ii) any other declared candidate for that office.
16This prohibition shall be effective for the duration of the
17term of office of the incumbent officeholder awarding the
18contracts or for a period of 2 years following the expiration
19or termination of the contracts, whichever is longer.
20 (c) Any business entity whose aggregate pending bids and
21offers on State contracts total more than $50,000, or whose
22aggregate pending bids and offers on State contracts combined
23with the business entity's aggregate annual total value of
24State contracts exceed $50,000, and any affiliated entities or
25affiliated persons of such business entity, are prohibited from
26making any contributions to any political committee

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1established to promote the candidacy of the officeholder
2responsible for awarding the contract on which the business
3entity has submitted a bid or offer during the period beginning
4on the date the invitation for bids, request for proposals, or
5any other procurement opportunity is issued and ending on the
6day after the date the contract is awarded.
7 (c-5) For the purposes of the prohibitions under
8subsections (b) and (c) of this Section, (i) any contribution
9made to a political committee established to promote the
10candidacy of the Governor or a declared candidate for the
11office of Governor shall also be considered as having been made
12to a political committee established to promote the candidacy
13of the Lieutenant Governor, in the case of the Governor, or the
14declared candidate for Lieutenant Governor having filed a joint
15petition, or write-in declaration of intent, with the declared
16candidate for Governor, as applicable, and (ii) any
17contribution made to a political committee established to
18promote the candidacy of the Lieutenant Governor or a declared
19candidate for the office of Lieutenant Governor shall also be
20considered as having been made to a political committee
21established to promote the candidacy of the Governor, in the
22case of the Lieutenant Governor, or the declared candidate for
23Governor having filed a joint petition, or write-in declaration
24of intent, with the declared candidate for Lieutenant Governor,
25as applicable.
26 (d) All contracts between State agencies and a business

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1entity that violate subsection (b) or (c) shall be voidable
2under Section 50-60. If a business entity violates subsection
3(b) 3 or more times within a 36-month period, then all
4contracts between State agencies and that business entity shall
5be void, and that business entity shall not bid or respond to
6any invitation to bid or request for proposals from any State
7agency or otherwise enter into any contract with any State
8agency for 3 years from the date of the last violation. A
9notice of each violation and the penalty imposed shall be
10published in both the Procurement Bulletin and the Illinois
11Register.
12 (e) Any political committee that has received a
13contribution in violation of subsection (b) or (c) shall pay an
14amount equal to the value of the contribution to the State no
15more than 30 calendar days after notice of the violation
16concerning the contribution appears in the Illinois Register.
17Payments received by the State pursuant to this subsection
18shall be deposited into the general revenue fund.
19(Source: P.A. 97-411, eff. 8-16-11; 98-1076, eff. 1-1-15.)
20 Section 95. The Business Enterprise for Minorities,
21Females, and Persons with Disabilities Act is amended by
22changing Section 2 as follows:
23 (30 ILCS 575/2)
24 (Section scheduled to be repealed on June 30, 2020)

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1 Sec. 2. Definitions.
2 (A) For the purpose of this Act, the following terms shall
3have the following definitions:
4 (1) "Minority person" shall mean a person who is a
5 citizen or lawful permanent resident of the United States
6 and who is any of the following:
7 (a) American Indian or Alaska Native (a person
8 having origins in any of the original peoples of North
9 and South America, including Central America, and who
10 maintains tribal affiliation or community attachment).
11 (b) Asian (a person having origins in any of the
12 original peoples of the Far East, Southeast Asia, or
13 the Indian subcontinent, including, but not limited
14 to, Cambodia, China, India, Japan, Korea, Malaysia,
15 Pakistan, the Philippine Islands, Thailand, and
16 Vietnam).
17 (c) Black or African American (a person having
18 origins in any of the black racial groups of Africa).
19 Terms such as "Haitian" or "Negro" can be used in
20 addition to "Black or African American".
21 (d) Hispanic or Latino (a person of Cuban, Mexican,
22 Puerto Rican, South or Central American, or other
23 Spanish culture or origin, regardless of race).
24 (e) Native Hawaiian or Other Pacific Islander (a
25 person having origins in any of the original peoples of
26 Hawaii, Guam, Samoa, or other Pacific Islands).

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1 (2) "Woman" shall mean a person who is a citizen or
2 lawful permanent resident of the United States and who is
3 of the female gender.
4 (2.05) "Person with a disability" means a person who is
5 a citizen or lawful resident of the United States and is a
6 person qualifying as a person with a disability under
7 subdivision (2.1) of this subsection (A).
8 (2.1) "Person with a disability" means a person with a
9 severe physical or mental disability that:
10 (a) results from:
11 amputation,
12 arthritis,
13 autism,
14 blindness,
15 burn injury,
16 cancer,
17 cerebral palsy,
18 Crohn's disease,
19 cystic fibrosis,
20 deafness,
21 head injury,
22 heart disease,
23 hemiplegia,
24 hemophilia,
25 respiratory or pulmonary dysfunction,
26 an intellectual disability,

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1 mental illness,
2 multiple sclerosis,
3 muscular dystrophy,
4 musculoskeletal disorders,
5 neurological disorders, including stroke and
6 epilepsy,
7 paraplegia,
8 quadriplegia and other spinal cord conditions,
9 sickle cell anemia,
10 ulcerative colitis,
11 specific learning disabilities, or
12 end stage renal failure disease; and
13 (b) substantially limits one or more of the
14 person's major life activities.
15 Another disability or combination of disabilities may
16 also be considered as a severe disability for the purposes
17 of item (a) of this subdivision (2.1) if it is determined
18 by an evaluation of rehabilitation potential to cause a
19 comparable degree of substantial functional limitation
20 similar to the specific list of disabilities listed in item
21 (a) of this subdivision (2.1).
22 (3) "Minority-owned business" means a business which
23 is at least 51% owned by one or more minority persons, or
24 in the case of a corporation, at least 51% of the stock in
25 which is owned by one or more minority persons; and the
26 management and daily business operations of which are

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1 controlled by one or more of the minority individuals who
2 own it.
3 (4) "Women-owned business" means a business which is at
4 least 51% owned by one or more women, or, in the case of a
5 corporation, at least 51% of the stock in which is owned by
6 one or more women; and the management and daily business
7 operations of which are controlled by one or more of the
8 women who own it.
9 (4.1) "Business owned by a person with a disability"
10 means a business that is at least 51% owned by one or more
11 persons with a disability and the management and daily
12 business operations of which are controlled by one or more
13 of the persons with disabilities who own it. A
14 not-for-profit agency for persons with disabilities that
15 is exempt from taxation under Section 501 of the Internal
16 Revenue Code of 1986 is also considered a "business owned
17 by a person with a disability".
18 (4.2) "Council" means the Business Enterprise Council
19 for Minorities, Women, and Persons with Disabilities
20 created under Section 5 of this Act.
21 (5) "State contracts" means all contracts entered into
22 by the State, any agency or department thereof, or any
23 public institution of higher education, including
24 community college districts, regardless of the source of
25 the funds with which the contracts are paid, which are not
26 subject to federal reimbursement. "State contracts" does

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1 not include contracts awarded by a retirement system,
2 pension fund, or investment board subject to Section
3 1-109.1 of the Illinois Pension Code. This definition shall
4 control over any existing definition under this Act or
5 applicable administrative rule.
6 "State construction contracts" means all State
7 contracts entered into by a State agency or public
8 institution of higher education for the repair,
9 remodeling, renovation or construction of a building or
10 structure, or for the construction or maintenance of a
11 highway defined in Article 2 of the Illinois Highway Code.
12 (6) "State agencies" shall mean all departments,
13 officers, boards, commissions, institutions and bodies
14 politic and corporate of the State, but does not include
15 the Board of Trustees of the University of Illinois, the
16 Board of Trustees of Southern Illinois University at
17 Carbondale, the Board of Trustees of Southern Illinois
18 University at Edwardsville, the Board of Trustees of
19 Chicago State University, the Board of Trustees of Eastern
20 Illinois University, the Board of Trustees of Governors
21 State University, the Board of Trustees of Illinois State
22 University, the Board of Trustees of Northeastern Illinois
23 University, the Board of Trustees of Northern Illinois
24 University, the Board of Trustees of Western Illinois
25 University, municipalities or other local governmental
26 units, or other State constitutional officers.

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1 (7) "Public institutions of higher education" means
2 the University of Illinois, Southern Illinois University
3 at Carbondale, the Board of Trustees of Southern Illinois
4 University at Edwardsville, Chicago State University,
5 Eastern Illinois University, Governors State University,
6 Illinois State University, Northeastern Illinois
7 University, Northern Illinois University, Western Illinois
8 University, the public community colleges of the State, and
9 any other public universities, colleges, and community
10 colleges now or hereafter established or authorized by the
11 General Assembly.
12 (8) "Certification" means a determination made by the
13 Council or by one delegated authority from the Council to
14 make certifications, or by a State agency with statutory
15 authority to make such a certification, that a business
16 entity is a business owned by a minority, woman, or person
17 with a disability for whatever purpose. A business owned
18 and controlled by women shall be certified as a
19 "woman-owned business". A business owned and controlled by
20 women who are also minorities shall be certified as both a
21 "women-owned business" and a "minority-owned business".
22 (9) "Control" means the exclusive or ultimate and sole
23 control of the business including, but not limited to,
24 capital investment and all other financial matters,
25 property, acquisitions, contract negotiations, legal
26 matters, officer-director-employee selection and

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1 comprehensive hiring, operating responsibilities,
2 cost-control matters, income and dividend matters,
3 financial transactions and rights of other shareholders or
4 joint partners. Control shall be real, substantial and
5 continuing, not pro forma. Control shall include the power
6 to direct or cause the direction of the management and
7 policies of the business and to make the day-to-day as well
8 as major decisions in matters of policy, management and
9 operations. Control shall be exemplified by possessing the
10 requisite knowledge and expertise to run the particular
11 business and control shall not include simple majority or
12 absentee ownership.
13 (10) "Business" means a business that has annual gross
14 sales of less than $75,000,000 as evidenced by the federal
15 income tax return of the business. A firm with gross sales
16 in excess of this cap may apply to the Council for
17 certification for a particular contract if the firm can
18 demonstrate that the contract would have significant
19 impact on businesses owned by minorities, women, or persons
20 with disabilities as suppliers or subcontractors or in
21 employment of minorities, women, or persons with
22 disabilities.
23 (11) "Utilization plan" means a form and additional
24 documentations included in all bids or proposals that
25 demonstrates a vendor's proposed utilization of vendors
26 certified by the Business Enterprise Program to meet the

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1 targeted goal. The utilization plan shall demonstrate that
2 the Vendor has either: (1) met the entire contract goal or
3 (2) requested a full or partial waiver and made good faith
4 efforts towards meeting the goal.
5 (12) "Business Enterprise Program" means the Business
6 Enterprise Program of the Department of Central Management
7 Services.
8 (B) When a business is owned at least 51% by any
9combination of minority persons, women, or persons with
10disabilities, even though none of the 3 classes alone holds at
11least a 51% interest, the ownership requirement for purposes of
12this Act is considered to be met. The certification category
13for the business is that of the class holding the largest
14ownership interest in the business. If 2 or more classes have
15equal ownership interests, the certification category shall be
16determined by the business.
17(Source: P.A. 99-143, eff. 7-27-15; 99-462, eff. 8-25-15;
1899-642, eff. 7-28-16; 100-391, eff. 8-25-17.)
19 Section 100. The Build Illinois Act is amended by changing
20Section 1-3 as follows:
21 (30 ILCS 750/1-3) (from Ch. 127, par. 2701-3)
22 Sec. 1-3. The following agencies, boards and entities of
23State government may expend appropriations for the purposes
24contained in this Act: Department of Natural Resources;

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1Department of Agriculture; Illinois Finance Authority; Capital
2Development Board; Department of Transportation; Department of
3Central Management Services; Illinois Arts Council;
4Environmental Protection Agency; Historic Preservation Agency;
5State Board of Higher Education; the Metropolitan Pier and
6Exposition Authority; State Board of Education; Illinois
7Community College Board; Board of Trustees of the University of
8Illinois; Board of Trustees of Chicago State University; Board
9of Trustees of Eastern Illinois University; Board of Trustees
10of Governors State University; Board of Trustees of Illinois
11State University; Board of Trustees of Northeastern Illinois
12University; Board of Trustees of Northern Illinois University;
13Board of Trustees of Western Illinois University; and Board of
14Trustees of Southern Illinois University at Carbondale; and
15Board of Trustees of Southern Illinois University at
16Edwardsville.
17(Source: P.A. 93-205, eff. 1-1-04.)
18 Section 105. The Illinois Pension Code is amended by
19changing Sections 15-106 and 24-109 as follows:
20 (40 ILCS 5/15-106) (from Ch. 108 1/2, par. 15-106)
21 Sec. 15-106. Employer. "Employer": The University of
22Illinois, Southern Illinois University at Carbondale, Southern
23Illinois University at Edwardsville, Chicago State University,
24Eastern Illinois University, Governors State University,

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1Illinois State University, Northeastern Illinois University,
2Northern Illinois University, Western Illinois University, the
3State Board of Higher Education, the Illinois Mathematics and
4Science Academy, the University Civil Service Merit Board, the
5Board of Trustees of the State Universities Retirement System,
6the Illinois Community College Board, community college
7boards, any association of community college boards organized
8under Section 3-55 of the Public Community College Act, the
9Board of Examiners established under the Illinois Public
10Accounting Act, and, only during the period for which employer
11contributions required under Section 15-155 are paid, the
12following organizations: the alumni associations, the
13foundations and the athletic associations which are affiliated
14with the universities and colleges included in this Section as
15employers. An individual who begins employment on or after the
16effective date of this amendatory Act of the 99th General
17Assembly with any association of community college boards
18organized under Section 3-55 of the Public Community College
19Act, the Association of Illinois Middle-Grade Schools, the
20Illinois Association of School Administrators, the Illinois
21Association for Supervision and Curriculum Development, the
22Illinois Principals Association, the Illinois Association of
23School Business Officials, the Illinois Special Olympics, or an
24entity not defined as an employer in this Section shall not be
25deemed an employee for the purposes of this Article with
26respect to that employment and shall not be eligible to

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1participate in the System with respect to that employment;
2provided, however, that those individuals who are both employed
3by such an entity and are participating in the System with
4respect to that employment on the effective date of this
5amendatory Act of the 99th General Assembly shall be allowed to
6continue as participants in the System for the duration of that
7employment.
8 A department as defined in Section 14-103.04 is an employer
9for any person appointed by the Governor under the Civil
10Administrative Code of Illinois who is a participating employee
11as defined in Section 15-109. The Department of Central
12Management Services is an employer with respect to persons
13employed by the State Board of Higher Education in positions
14with the Illinois Century Network as of June 30, 2004 who
15remain continuously employed after that date by the Department
16of Central Management Services in positions with the Illinois
17Century Network, the Bureau of Communication and Computer
18Services, or, if applicable, any successor bureau.
19 The cities of Champaign and Urbana shall be considered
20employers, but only during the period for which contributions
21are required to be made under subsection (b-1) of Section
2215-155 and only with respect to individuals described in
23subsection (h) of Section 15-107.
24(Source: P.A. 99-830, eff. 1-1-17; 99-897, eff. 1-1-17.)
25 (40 ILCS 5/24-109) (from Ch. 108 1/2, par. 24-109)

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1 Sec. 24-109. Football Coaches.
2 (a) Any football coach employed by the Board of Trustees of
3Chicago State University, the Board of Trustees of Eastern
4Illinois University, the Board of Trustees of Governors State
5University, the Board of Trustees of Illinois State University,
6the Board of Trustees of Northeastern Illinois University, the
7Board of Trustees of Northern Illinois University, the Board of
8Trustees of Western Illinois University, the University of
9Illinois Board of Trustees, or the Board of Trustees of
10Southern Illinois University at Carbondale, or the Board of
11Trustees of Southern Illinois University at Edwardsville
12System Board of Trustees, may participate in the American
13Football Coaches Retirement Trust in accordance with the
14conditions of that Trust, of this Section, and of applicable
15federal law.
16 (b) A football coach who elects to participate in the Trust
17may defer a part of his compensation as a coach by making
18employee contributions to the Trust. Amounts deferred by the
19coach under this Section shall be deemed a part of the coach's
20compensation for purposes of participation in the State
21Universities Retirement System but, in accordance with the U.S.
22Internal Revenue Code of 1986, shall not be included in the
23computation of federal income taxes withheld on behalf of the
24coach. The employing institution of higher education shall not
25make any employer contributions to the Trust on behalf of the
26coach.

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1 (c) A football coach who participates in the Trust may not
2participate in any other program of deferred compensation under
3this Article during any year in which he makes contributions to
4the Trust.
5 (d) Participation in the Trust shall be administered by the
6institution of higher education that employs the coach. Each
7such institution shall report annually to the General Assembly
8on the status of the Trust and participation under this
9Section.
10 (e) The right to participate in the Trust that is granted
11by this Section is subject to future limitation, and shall not
12be deemed to be a pension benefit that is protected from
13impairment under Section 5 of Article XIII of the Illinois
14Constitution.
15(Source: P.A. 90-14, eff. 7-1-97.)
16 Section 110. The Counties Code is amended by changing
17Section 4-2001 as follows:
18 (55 ILCS 5/4-2001) (from Ch. 34, par. 4-2001)
19 Sec. 4-2001. State's attorney salaries.
20 (a) There shall be allowed to the several state's attorneys
21in this State, except the state's attorney of Cook County, the
22following annual salary:
23 (1) Subject to paragraph (5), to each state's attorney
24 in counties containing less than 10,000 inhabitants,

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1 $40,500 until December 31, 1988, $45,500 until June 30,
2 1994, and $55,500 thereafter or as set by the Compensation
3 Review Board, whichever is greater.
4 (2) Subject to paragraph (5), to each state's attorney
5 in counties containing 10,000 or more inhabitants but less
6 than 20,000 inhabitants, $46,500 until December 31, 1988,
7 $61,500 until June 30, 1994, and $71,500 thereafter or as
8 set by the Compensation Review Board, whichever is greater.
9 (3) Subject to paragraph (5), to each state's attorney
10 in counties containing 20,000 or more but less than 30,000
11 inhabitants, $51,000 until December 31, 1988, $65,000
12 until June 30, 1994, and $75,000 thereafter or as set by
13 the Compensation Review Board, whichever is greater.
14 (4) To each state's attorney in counties of 30,000 or
15 more inhabitants, $65,500 until December 31, 1988, $80,000
16 until June 30, 1994, and $96,837 thereafter or as set by
17 the Compensation Review Board, whichever is greater.
18 (5) Effective December 1, 2000, to each state's
19 attorney in counties containing fewer than 30,000
20 inhabitants, the same salary plus any cost of living
21 adjustments as authorized by the Compensation Review Board
22 to take effect after January 1, 1999, for state's attorneys
23 in counties containing 20,000 or more but fewer than 30,000
24 inhabitants, or as set by the Compensation Review Board
25 whichever is greater.
26 The State shall furnish 66 2/3% of the total annual

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1compensation to be paid to each state's attorney in Illinois
2based on the salary in effect on December 31, 1988, and 100% of
3the increases in salary taking effect after December 31, 1988.
4 Subject to appropriation, said amounts furnished by the
5State shall be payable monthly by the Department of Revenue out
6of the Personal Property Tax Replacement Fund or the General
7Revenue Fund to the county in which each state's attorney is
8elected.
9 Each county shall be required to furnish 33 1/3% of the
10total annual compensation to be paid to each state's attorney
11in Illinois based on the salary in effect on December 31, 1988.
12 Within 90 days after the effective date of this amendatory
13Act of the 96th General Assembly, the county board of any
14county with a population between 15,000 and 50,000 by
15resolution or ordinance may increase the amount of compensation
16to be paid to each eligible state's attorney in their county in
17the form of a longevity stipend which shall be added to and
18become part of the salary of the state's attorney for that
19year. To be eligible, the state's attorney must have served in
20the elected position for at least 20 continuous years and elect
21to participate in a program for an alternative annuity for
22county officers and make the required additional optional
23contributions as authorized by P.A. 90-32.
24 (b) Effective December 1, 2000, no state's attorney may
25engage in the private practice of law. However, until November
2630, 2000, (i) the state's attorneys in counties containing

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1fewer than 10,000 inhabitants may engage in the practice of
2law, and (ii) in any county between 10,000 and 30,000
3inhabitants or in any county containing 30,000 or more
4inhabitants which reached that population between 1970 and
5December 31, 1981, the state's attorney may declare his or her
6intention to engage in the private practice of law, and may do
7so through no later than November 30, 2000, by filing a written
8declaration of intent to engage in the private practice of law
9with the county clerk. The declaration of intention shall be
10irrevocable during the remainder of the term of office. The
11declaration shall be filed with the county clerk within 30 days
12of certification of election or appointment, or within 60 days
13of March 15, 1989, whichever is later. In that event the annual
14salary of such state's attorney shall be as follows:
15 (1) In counties containing 10,000 or more inhabitants
16 but less than 20,000 inhabitants, $46,500 until December
17 31, 1988, $51,500 until June 30, 1994, and $61,500
18 thereafter or as set by the Compensation Review Board,
19 whichever is greater. The State shall furnish 100% of the
20 increases taking effect after December 31, 1988.
21 (2) In counties containing 20,000 or more inhabitants
22 but less than 30,000 inhabitants, and in counties
23 containing 30,000 or more inhabitants which reached said
24 population between 1970 and December 31, 1981, $51,500
25 until December 31, 1988, $56,000 until June 30, 1994, and
26 $65,000 thereafter or as set by the Compensation Review

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1 Board, whichever is greater. The State shall furnish 100%
2 of the increases taking effect after December 31, 1988.
3 (c) In counties where a state mental health institution, as
4hereinafter defined, is located, one assistant state's
5attorney shall, subject to appropriation, receive for his
6services, payable monthly by the Department of Revenue out of
7the Personal Property Tax Replacement Fund or the General
8Revenue Fund to the county in which he is appointed, the
9following:
10 (1) To each assistant state's attorney in counties
11 containing less than 10,000 inhabitants, the sum of $2,500
12 per annum;
13 (2) To each assistant state's attorney in counties
14 containing not less than 10,000 inhabitants and not more
15 than 20,000 inhabitants, the sum of $3,500 per annum;
16 (3) To each assistant state's attorney in counties
17 containing not less than 20,000 inhabitants and not more
18 than 30,000 inhabitants, the sum of $4,000 per annum;
19 (4) To each assistant state's attorney in counties
20 containing not less than 30,000 inhabitants and not more
21 than 40,000 inhabitants, the sum of $4,500 per annum;
22 (5) To each assistant state's attorney in counties
23 containing not less than 40,000 inhabitants and not more
24 than 70,000 inhabitants, the sum of $5,000 per annum;
25 (6) To each assistant state's attorney in counties
26 containing not less than 70,000 inhabitants and not more

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1 than 1,000,000 inhabitants, the sum of $6,000 per annum.
2 (d) The population of all counties for the purpose of
3fixing salaries as herein provided shall be based upon the last
4Federal census immediately previous to the appointment of an
5assistant state's attorney in each county.
6 (e) At the request of the county governing authority, in
7counties where one or more state correctional institutions, as
8hereinafter defined, are located, one or more assistant state's
9attorneys shall, subject to appropriation, receive for their
10services, provided that such services are performed in
11connection with the state correctional institution, payable
12monthly by the Department of Revenue out of the Personal
13Property Tax Replacement Fund or the General Revenue Fund to
14the county in which they are appointed, the following:
15 (1) $22,000 for each assistant state's attorney in
16 counties with one or more State correctional institutions
17 with a total average daily inmate population in excess of
18 2,000, on the basis of 2 assistant state's attorneys when
19 the total average daily inmate population exceeds 2,000 but
20 is less than 4,000; and 3 assistant state's attorneys when
21 such population exceeds 4,000; with reimbursement to be
22 based on actual services rendered.
23 (2) $15,000 per year for one assistant state's attorney
24 in counties having one or more correctional institutions
25 with a total average daily inmate population of between 750
26 and 2,000 inmates, with reimbursement to be based on actual

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1 services rendered.
2 (3) A maximum of $12,000 per year for one assistant
3 state's attorney in counties having less than 750 inmates,
4 with reimbursement to be based on actual services rendered.
5 Upon application of the county governing authority and
6 certification of the State's Attorney, the Director of
7 Corrections may, in his discretion and subject to
8 appropriation, increase the amount of salary reimbursement
9 to a county in the event special circumstances require the
10 county to incur extraordinary salary expenditures as a
11 result of services performed in connection with State
12 correctional institutions in that county.
13 In determining whether or not to increase the amount of
14salary reimbursement, the Director shall consider, among other
15matters:
16 (1) the nature of the services rendered;
17 (2) the results or dispositions obtained;
18 (3) whether or not the county was required to employ
19 additional attorney personnel as a direct result of the
20 services actually rendered in connection with a particular
21 service to a State correctional institution.
22 (f) In counties where a State senior institution of higher
23education is located, the assistant state's attorneys
24specified by this Section shall, subject to appropriation,
25receive for their services, payable monthly by the Department
26of Revenue out of the Personal Property Tax Replacement Fund or

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1the General Revenue Fund to the county in which appointed, the
2following:
3 (1) $14,000 per year each for employment on a full time
4 basis for 2 assistant state's attorneys in counties having
5 a State university or State universities with combined full
6 time enrollment of more than 15,000 students.
7 (2) $7,200 per year for one assistant state's attorney
8 with no limitation on other practice in counties having a
9 State university or State universities with combined full
10 time enrollment of 10,000 to 15,000 students.
11 (3) $4,000 per year for one assistant state's attorney
12 with no limitation on other practice in counties having a
13 State university or State universities with combined full
14 time enrollment of less than 10,000 students.
15 Such salaries shall be paid to the state's attorney and the
16assistant state's attorney in equal monthly installments by
17such county out of the county treasury provided that, subject
18to appropriation, the Department of Revenue shall reimburse
19each county monthly, out of the Personal Property Tax
20Replacement Fund or the General Revenue Fund, the amount of
21such salary. This Section shall not prevent the payment of such
22additional compensation to the state's attorney or assistant
23state's attorney of any county, out of the treasury of that
24county as may be provided by law.
25 (g) For purposes of this Section, "State mental health
26institution" means any institution under the jurisdiction of

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1the Department of Human Services that is listed in Section 4 of
2the Mental Health and Developmental Disabilities
3Administrative Act.
4 For purposes of this Section, "State correctional
5institution" means any facility of the Department of
6Corrections including adult facilities, juvenile facilities,
7pre-release centers, community correction centers, and work
8camps.
9 For purposes of this Section, "State university" means the
10University of Illinois, Southern Illinois University at
11Carbondale, Southern Illinois University at Edwardsville,
12Chicago State University, Eastern Illinois University,
13Governors State University, Illinois State University,
14Northeastern Illinois University, Northern Illinois
15University, Western Illinois University, and any public
16community college which has established a program of
17interinstitutional cooperation with one of the foregoing
18institutions whereby a student, after earning an associate
19degree from the community college, pursues a course of study at
20the community college campus leading to a baccalaureate degree
21from the foregoing institution (also known as a "2 Plus 2"
22degree program).
23 (h) A number of assistant state's attorneys shall be
24appointed in each county that chooses to participate, as
25provided in this subsection, for the prosecution of
26alcohol-related traffic offenses. Each county shall receive

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1monthly a subsidy for payment of the salaries and benefits of
2these assistant state's attorneys from State funds
3appropriated to the Department of Revenue out of the Personal
4Property Tax Replacement Fund or the General Revenue Fund for
5that purpose. The amounts of subsidies provided by this
6subsection shall be adjusted for inflation each July 1 using
7the Consumer Price Index of the Bureau of Labor Statistics of
8the U.S. Department of Labor.
9 When a county chooses to participate in the subsidy program
10described in this subsection (h), the number of assistant
11state's attorneys who are prosecuting alcohol-related traffic
12offenses must increase according to the subsidy provided in
13this subsection. These appointed assistant state's attorneys
14shall be in addition to any other assistant state's attorneys
15assigned to those cases on the effective date of this
16amendatory Act of the 91st General Assembly, and may not
17replace those assistant state's attorneys. In counties where
18the state's attorney is the sole prosecutor, this subsidy shall
19be used to provide an assistant state's attorney to prosecute
20alcohol-related traffic offenses along with the state's
21attorney. In counties where the state's attorney is the sole
22prosecutor, and in counties where a judge presides over cases
23involving a variety of misdemeanors, including alcohol-related
24traffic matters, assistant state's attorneys appointed and
25subsidized by this subsection (h) may also prosecute the
26different misdemeanor cases at the direction of the state's

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1attorney.
2 Assistant state's attorneys shall be appointed under this
3subsection in the following number and counties shall receive
4the following annual subsidies:
5 (1) In counties with fewer than 30,000 inhabitants, one
6 at $35,000.
7 (2) In counties with 30,000 or more but fewer than
8 100,000 inhabitants, one at $45,000.
9 (3) In counties with 100,000 or more but fewer than
10 300,000 inhabitants, 2 at $45,000 each.
11 (4) In counties, other than Cook County, with 300,000
12 or more inhabitants, 4 at $50,000 each.
13 The amounts appropriated under this Section must be
14segregated by population classification and disbursed monthly.
15 If in any year the amount appropriated for the purposes of
16this subsection (h) is insufficient to pay all of the subsidies
17specified in this subsection, the amount appropriated shall
18first be prorated by the population classifications of this
19subsection (h) and then among the counties choosing to
20participate within each of those classifications. If any of the
21appropriated moneys for each population classification remain
22at the end of a fiscal year, the remainder of the moneys may be
23allocated to participating counties that were not fully funded
24during the course of the year. Nothing in this subsection
25prohibits 2 or more State's attorneys from combining their
26subsidies to appoint a joint assistant State's attorney to

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1prosecute alcohol-related traffic offenses in multiple
2counties. Nothing in this subsection prohibits a State's
3attorney from appointing an assistant State's attorney by
4contract or otherwise.
5(Source: P.A. 96-259, eff. 8-11-09; 97-72, eff. 7-1-11.)
6 Section 115. The Municipal Tax Compliance Act is amended by
7changing Section 4 as follows:
8 (65 ILCS 80/4) (from Ch. 24, par. 1554)
9 Sec. 4. As used in this Act, except when the context
10otherwise requires:
11 (a) "Public institution of higher education" means the
12University of Illinois; Southern Illinois University at
13Carbondale; Southern Illinois University at Edwardsville;
14Chicago State University; Eastern Illinois University;
15Governors State University; Illinois State University;
16Northeastern Illinois University; Northern Illinois
17University; Western Illinois University; the public community
18colleges of the State and any other public universities,
19colleges and community colleges now or hereafter established or
20authorized by law.
21 (b) "Hotel", "operator", "occupancy", "room" or "rooms",
22"permanent resident" and "rental" each shall have the
23respective meanings ascribed thereto by Section 2 of The Hotel
24Operator's Occupation Tax Act, except that the term "hotel"

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1shall also include dormitories, student unions and student
2centers owned, leased or operated by public institutions of
3higher education.
4 (c) "Parking spaces" means spaces provided and furnished
5for persons to park motor vehicles with or without a charge by
6a public institution of higher education under the control of
7such public institution of higher education.
8 (d) "Student performances" means theatricals, shows,
9motion picture shows, or live performances when such
10theatricals, shows, motion picture shows or live performances
11are sponsored by a public institution of higher education or a
12student organization recognized by a public institution of
13higher education or in which students enrolled in a public
14institution of higher education constitute more than 50% of the
15performers. Student performances shall not include
16performances which take place within the physical boundaries of
17a public institution of higher education and are sponsored in
18whole or in part by any individual or business entity which is
19not a student, a public institution of higher education, a
20recognized student organization or an employee of said public
21institution of higher education or where an individual or
22business entity rents or leases a building owned by a public
23institution of higher education for the purpose of the staging
24of such a performance.
25 (e) "Student athletic contests" means any athletic contest
26sanctioned and performed under the auspices of the National

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1Collegiate Athletic Association or the National Association of
2Intercollegiate Athletics or any athletic contest sanctioned
3or performed under the auspices of a public institution of
4higher education as defined herein.
5(Source: P.A. 89-4, eff. 1-1-96.)
6 Section 120. The Hospital District Law is amended by
7changing Section 15 as follows:
8 (70 ILCS 910/15) (from Ch. 23, par. 1265)
9 Sec. 15. A Hospital District shall constitute a municipal
10corporation and body politic separate and apart from any other
11municipality, the State of Illinois or any other public or
12governmental agency and shall have and exercise the following
13governmental powers, and all other powers incidental,
14necessary, convenient, or desirable to carry out and effectuate
15such express powers.
16 1. To establish and maintain a hospital and hospital
17facilities within or outside its corporate limits, and to
18construct, acquire, develop, expand, extend and improve any
19such hospital or hospital facility. If a Hospital District
20utilizes its authority to levy a tax pursuant to Section 20 of
21this Act for the purpose of establishing and maintaining
22hospitals or hospital facilities, such District shall be
23prohibited from establishing and maintaining hospitals or
24hospital facilities located outside of its district unless so

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1authorized by referendum. To approve the provision of any
2service and to approve any contract or other arrangement not
3prohibited by a hospital licensed under the Hospital Licensing
4Act, incorporated under the General Not-For-Profit Corporation
5Act, and exempt from taxation under paragraph (3) of subsection
6(c) of Section 501 of the Internal Revenue Code.
7 2. To acquire land in fee simple, rights in land and
8easements upon, over or across land and leasehold interests in
9land and tangible and intangible personal property used or
10useful for the location, establishment, maintenance,
11development, expansion, extension or improvement of any such
12hospital or hospital facility. Such acquisition may be by
13dedication, purchase, gift, agreement, lease, use or adverse
14possession or by condemnation.
15 3. To operate, maintain and manage such hospital and
16hospital facility, and to make and enter into contracts for the
17use, operation or management of and to provide rules and
18regulations for the operation, management or use of such
19hospital or hospital facility.
20 Such contracts may include the lease by the District of all
21or any portion of its facilities to a not-for-profit
22corporation organized by the District's board of directors. The
23rent to be paid pursuant to any such lease shall be in an
24amount deemed appropriate by the board of directors. Any of the
25remaining assets which are not the subject of such a lease may
26be conveyed and transferred to the not-for-profit corporation

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1organized by the District's board of directors provided that
2the not-for-profit corporation agrees to discharge or assume
3such debts, liabilities, and obligations of the District as
4determined to be appropriate by the District's board of
5directors.
6 4. To fix, charge and collect reasonable fees and
7compensation for the use or occupancy of such hospital or any
8part thereof, or any hospital facility, and for nursing care,
9medicine, attendance, or other services furnished by such
10hospital or hospital facilities, according to the rules and
11regulations prescribed by the board from time to time.
12 5. To borrow money and to issue general obligation bonds,
13revenue bonds, notes, certificates, or other evidences of
14indebtedness for the purpose of accomplishing any of its
15corporate purposes, subject to compliance with any conditions
16or limitations set forth in this Act or the Health Facilities
17Planning Act or otherwise provided by the constitution of the
18State of Illinois and to execute, deliver, and perform
19mortgages and security agreements to secure such borrowing.
20 6. To employ or enter into contracts for the employment of
21any person, firm, or corporation, and for professional
22services, necessary or desirable for the accomplishment of the
23corporate objects of the District or the proper administration,
24management, protection or control of its property.
25 7. To maintain such hospital for the benefit of the
26inhabitants of the area comprising the District who are sick,

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1injured, or maimed regardless of race, creed, religion, sex,
2national origin or color, and to adopt such reasonable rules
3and regulations as may be necessary to render the use of the
4hospital of the greatest benefit to the greatest number; to
5exclude from the use of the hospital all persons who wilfully
6disregard any of the rules and regulations so established; to
7extend the privileges and use of the hospital to persons
8residing outside the area of the District upon such terms and
9conditions as the board of directors prescribes by its rules
10and regulations.
11 8. To police its property and to exercise police powers in
12respect thereto or in respect to the enforcement of any rule or
13regulation provided by the ordinances of the District and to
14employ and commission police officers and other qualified
15persons to enforce the same.
16 The use of any such hospital or hospital facility of a
17District shall be subject to the reasonable regulation and
18control of the District and upon such reasonable terms and
19conditions as shall be established by its board of directors.
20 A regulatory ordinance of a District adopted under any
21provision of this Section may provide for a suspension or
22revocation of any rights or privileges within the control of
23the District for a violation of any such regulatory ordinance.
24 Nothing in this Section or in other provisions of this Act
25shall be construed to authorize the District or board to
26establish or enforce any regulation or rule in respect to

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1hospitalization or in the operation or maintenance of such
2hospital or any hospital facilities within its jurisdiction
3which is in conflict with any federal or state law or
4regulation applicable to the same subject matter.
5 9. To provide for the benefit of its employees group life,
6health, accident, hospital and medical insurance, or any
7combination of such types of insurance, and to further provide
8for its employees by the establishment of a pension or
9retirement plan or system; to effectuate the establishment of
10any such insurance program or pension or retirement plan or
11system, a Hospital District may make, enter into or subscribe
12to agreements, contracts, policies or plans with private
13insurance companies. Such insurance may include provisions for
14employees who rely on treatment by spiritual means alone
15through prayer for healing in accord with the tenets and
16practice of a well-recognized religious denomination. The
17board of directors of a Hospital District may provide for
18payment by the District of a portion of the premium or charge
19for such insurance or for a pension or retirement plan for
20employees with the employee paying the balance of such premium
21or charge. If the board of directors of a Hospital District
22undertakes a plan pursuant to which the Hospital District pays
23a portion of such premium or charge, the board shall provide
24for the withholding and deducting from the compensation of such
25employees as consent to joining such insurance program or
26pension or retirement plan or system, the balance of the

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1premium or charge for such insurance or plan or system.
2 If the board of directors of a Hospital District does not
3provide for a program or plan pursuant to which such District
4pays a portion of the premium or charge for any group insurance
5program or pension or retirement plan or system, the board may
6provide for the withholding and deducting from the compensation
7of such employees as consent thereto the premium or charge for
8any group life, health, accident, hospital and medical
9insurance or for any pension or retirement plan or system.
10 A Hospital District deducting from the compensation of its
11employees for any group insurance program or pension or
12retirement plan or system, pursuant to this Section, may agree
13to receive and may receive reimbursement from the insurance
14company for the cost of withholding and transferring such
15amount to the company.
16 10. Except as provided in Section 15.3, to sell at public
17auction or by sealed bid and convey any real estate held by the
18District which the board of directors, by ordinance adopted by
19at least 2/3rds of the members of the board then holding
20office, has determined to be no longer necessary or useful to,
21or for the best interests of, the District.
22 An ordinance directing the sale of real estate shall
23include the legal description of the real estate, its present
24use, a statement that the property is no longer necessary or
25useful to, or for the best interests of, the District, the
26terms and conditions of the sale, whether the sale is to be at

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1public auction or sealed bid, and the date, time, and place the
2property is to be sold at auction or sealed bids opened.
3 Before making a sale by virtue of the ordinance, the board
4of directors shall cause notice of the proposal to sell to be
5published once each week for 3 successive weeks in a newspaper
6published, or, if none is published, having a general
7circulation, in the district, the first publication to be not
8less than 30 days before the day provided in the notice for the
9public sale or opening of bids for the real estate.
10 The notice of the proposal to sell shall include the same
11information included in the ordinance directing the sale and
12shall advertise for bids therefor. A sale of property by public
13auction shall be held at the property to be sold at a time and
14date determined by the board of directors. The board of
15directors may accept the high bid or any other bid determined
16to be in the best interests of the district by a vote of 2/3rds
17of the board then holding office, but by a majority vote of
18those holding office, they may reject any and all bids.
19 The chairman and secretary of the board of directors shall
20execute all documents necessary for the conveyance of such real
21property sold pursuant to the foregoing authority.
22 11. To establish and administer a program of loans for
23postsecondary students pursuing degrees in accredited public
24health-related educational programs at public institutions of
25higher education. If a student is awarded a loan, the
26individual shall agree to accept employment within the hospital

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1district upon graduation from the public institution of higher
2education. For the purposes of this Act, "public institutions
3of higher education" means the University of Illinois; Southern
4Illinois University at Carbondale; Southern Illinois
5University at Edwardsville; Chicago State University; Eastern
6Illinois University; Governors State University; Illinois
7State University; Northeastern Illinois University; Northern
8Illinois University; Western Illinois University; the public
9community colleges of the State; and any other public colleges,
10universities or community colleges now or hereafter
11established or authorized by the General Assembly. The
12district's board of directors shall by resolution provide for
13eligibility requirements, award criteria, terms of financing,
14duration of employment accepted within the district and such
15other aspects of the loan program as its establishment and
16administration may necessitate.
17 12. To establish and maintain congregate housing units; to
18acquire land in fee simple and leasehold interests in land for
19the location, establishment, maintenance, and development of
20those housing units; to borrow funds and give debt instruments,
21real estate mortgages, and security interests in personal
22property, contract rights, and general intangibles; and to
23enter into any contract required for participation in any
24federal or State programs.
25(Source: P.A. 92-534, eff. 5-14-02; 92-611, eff. 7-3-02.)

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1 Section 125. The School Code is amended by changing
2Sections 30-15.25, 30-16.4, and 30-16.6 as follows:
3 (105 ILCS 5/30-15.25) (from Ch. 122, par. 30-15.25)
4 Sec. 30-15.25. (a) As used in this Section, the term
5"public institution of higher education" includes: the
6University of Illinois; Southern Illinois University at
7Carbondale; Southern Illinois University at Edwardsville;
8Chicago State University; Eastern Illinois University;
9Governors State University; Illinois State University;
10Northeastern Illinois University; Northern Illinois
11University; Western Illinois University; the public community
12colleges of the State; and any other public universities,
13colleges and community colleges now or hereafter established or
14authorized by the General Assembly. The term "nonpublic
15institution of higher education" includes any educational
16organization in this State, other than a public institution of
17higher education, which provides a minimum of an organized 2
18year program at the private junior college level or higher and
19which operates not-for-profit and in conformity with standards
20substantially equivalent to those of public institutions of
21higher education.
22 (b) Each public institution of higher education shall
23disclose the terms, restrictions and requirements attached to
24or made a part of any endowment, gift, grant, contract award or
25property of any kind or value in excess of $100,000 made to

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1such institution, or to any school, college, division, branch
2or other organizational entity within or forming a part of such
3institution, by a foreign government or an individual who is
4neither a citizen nor a resident of the United States, in any
5calendar or fiscal year. If the foreign government or
6individual donates more than one gift in any calendar or fiscal
7year, and the total value of those gifts exceeds $100,000, such
8institution shall report all the gifts received. This
9subsection shall not apply to funds that public institutions of
10higher education receive from grants and contracts through
11either the federal government or the State of Illinois.
12 (c) The provisions of this subsection apply to each
13nonpublic institution of higher education: (i) which receives
14any grant or award under the Illinois Financial Assistance Act
15for Nonpublic Institutions of Higher Learning or under the
16Higher Education Cooperation Act, or (ii) which is a
17participant in a program of interinstitutional cooperation
18administered by a not-for-profit organization that is
19organized to administer such program under the Higher Education
20Cooperation Act and that receives any grant under and in
21furtherance of the purposes of that Act, or (iii) which
22receives any grant or distribution of grant moneys appropriated
23from the State Treasury or any fund therein to such institution
24or to the Board of Higher Education for distribution to
25nonpublic institutions of higher education for purposes of
26Section 4 of the Build Illinois Bond Act or for any other

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1purpose authorized by law. Each nonpublic institution of higher
2education to which the provisions of this subsection apply
3shall disclose the terms, restrictions and requirements
4attached to or made a part of any endowment, gift, grant,
5contract award or property of any kind or value in excess of
6$250,000 made to such institution, or to any school, college,
7division, branch or other organizational entity within or
8forming a part of such institution, by a foreign government or
9an individual who is neither a citizen nor a resident of the
10United States, in any calendar or fiscal year. If the foreign
11government or individual donates more than one gift in any
12calendar or fiscal year, and the total value of those gifts
13exceeds $250,000, such institution shall report all the gifts
14received.
15 (d) Such information shall be forwarded to the Attorney
16General no later than 30 days after the final day of each
17calendar or fiscal year of such institution, whichever type of
18year is used by the institution in accounting for the gifts
19received for the purposes of this Section. The information
20shall include:
21 (1) the name of the foreign government in the case of a
22 gift by a government, or the name of the foreign country of
23 which an individual donor is a citizen, in the case of a
24 gift by an individual;
25 (2) the amount and the date of the contribution or
26 contributions;

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1 (3) when the gift is conditional, matching or
2 designated for a particular purpose, full details of the
3 conditions, matching provisions or designation; and
4 (4) the purpose or purposes for which the contribution
5 will be used.
6 Such information shall be a matter of public record.
7(Source: P.A. 89-4, eff. 1-1-96.)
8 (105 ILCS 5/30-16.4) (from Ch. 122, par. 30-16.4)
9 Sec. 30-16.4. Privileges Conferred. The scholarships
10issued under Sections 30-16.1 through 30-16.6, inclusive, of
11this Article, may be used at those State supported universities
12where there are provided Reserve Officer's Training Corps
13programs of the several Armed Services over a period during
14which the eligible recipient is eligible for enrollment in the
15program. The scholarships exempt the holder from the payment of
16tuition, or any matriculation, graduation, activity, term or
17incidental fee, except any portion of a multi-purpose fee which
18is used for a purpose for which exemption is not granted under
19this Section. Exemption may not be granted for any other fees
20including book rental, service, laboratory, supply, Union
21Building, hospital and medical insurance fees and any fees
22established for the operation and maintenance of buildings, the
23income of which is pledged to the payment of interest and
24principal, or bonds issued by the governing board of the
25universities.

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1 Any student who has been or is awarded a scholarship shall
2be reimbursed by the appropriate university for any fees which
3he has paid and for which exemption is granted under this
4Section, if application for such reimbursement is made within 2
5months following the school term for which the fees were paid.
6 The holder of a scholarship is subject to all examinations,
7rules and requirements of the university in which he is
8enrolled, except as herein directed.
9 The provisions of Sections 30-16.1 through 30-16.6 of this
10Act do not prohibit the Board of Trustees of the University of
11Illinois, the Board of Trustees of Southern Illinois University
12at Carbondale, the Board of Trustees of Southern Illinois
13University at Edwardsville, the Board of Trustees of Chicago
14State University, the Board of Trustees of Eastern Illinois
15University, the Board of Trustees of Governors State
16University, the Board of Trustees of Illinois State University,
17the Board of Trustees of Northeastern Illinois University, the
18Board of Trustees of Northern Illinois University, and the
19Board of Trustees of Western Illinois University from granting
20other scholarships.
21(Source: P.A. 89-4, eff. 1-1-96.)
22 (105 ILCS 5/30-16.6) (from Ch. 122, par. 30-16.6)
23 Sec. 30-16.6. Registration of eligible recipients;
24examination. The president or chairman of the board of each
25private junior college or public community college, and the

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1President of each University in which a Reserve Officer's
2Training Corps program is available, or some individual or
3committee designated by such person, shall receive and register
4the names of all eligible recipients applying for the
5scholarships set forth in Section 30-16.3. Applicants shall
6take an examination each year according to the rules prescribed
7jointly by the President of the University of Illinois, the
8President of Southern Illinois University at Carbondale, the
9President of Southern Illinois University at Edwardsville, the
10President of Chicago State University, the President of Eastern
11Illinois University, the President of Governors State
12University, the President of Illinois State University, the
13President of Northeastern Illinois University, the President
14of Northern Illinois University, and the President of Western
15Illinois University. The scholarships shall be awarded on a
16merit basis to those eligible recipients receiving the highest
17grades with evidence of leadership ability, and the number of
18scholarships to be awarded in any institution shall be as set
19forth in Section 30-16.3.
20(Source: P.A. 89-4, eff. 1-1-96.)
21 Section 130. The Illinois Peace Corps Fellowship Program
22Law is amended by changing Section 2-3 as follows:
23 (105 ILCS 30/2-3) (from Ch. 122, par. 2003)
24 Sec. 2-3. Program description. The University of Illinois,

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1Southern Illinois University at Carbondale, Southern Illinois
2University at Edwardsville, Chicago State University, Eastern
3Illinois University, Governors State University, Illinois
4State University, Northeastern Illinois University, Northern
5Illinois University, and Western Illinois University the
6several universities and colleges under the governance of the
7Board of Governors of State Colleges and Universities, and the
8several Regency Universities under the jurisdiction of the
9Board of Regents are hereby authorized to become participants
10in the Illinois Peace Corps Fellowship Program. Any such
11participating public institution of higher education may
12conduct and administer this program to augment the number of
13Illinois public school teachers by bringing the teaching skills
14of recently returned United States Peace Corps volunteers to
15those school districts, including the school districts
16situated within the City of Chicago and the City of East St.
17Louis or any other school district designated by the State
18Board of Education, which enter into cooperative agreements
19required for implementation of the program. In designating such
20school districts, the State Board of Education may consider
21districts that have a high proportion of drop-out students, a
22high percentage of minority students, a high proportion of low
23income families and high truancy rates. The program shall
24utilize former United States Peace Corps volunteers with two
25years of Peace Corps experience by placing them in the
26designated cooperating school districts as full time teachers

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1or teacher aides. In return for making a two-year commitment to
2teaching and being placed in a full-time salaried teacher aide
3or certificated teaching position at a public school located in
4a designated cooperating school district, the former Peace
5Corps volunteer may be awarded a fellowship to the
6participating public institution of higher education to
7complete (in the case of teacher aides who are not yet
8certificated) the courses required for issuance of a teaching
9certificate under Article 21 of The School Code, or to pursue a
10master's degree program in education. The fellowships may
11consist of tuition waivers applicable toward enrollment at the
12participating public institution of higher education to
13complete required courses for teacher certification and to
14pursue a master's degree program in education; and the award of
15such tuition waivers may be supported by funds and grants made
16available to the participating university or universities
17through private or public sources. A participating university
18may also consider an authorization under which all fellowship
19recipients are allowed to pay in-state tuition rates while
20enrolled for credit in a master's degree program.
21 An annual salary for the fellowship recipient to teach in a
22designated school district for a period of two years may be
23provided by the designated cooperating school district at which
24the fellowship recipient shall teach, and may be set at an
25amount equal to that paid to other teacher aides and
26certificated teachers in a comparable position.

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1(Source: P.A. 95-331, eff. 8-21-07.)
2 Section 135. The Campus Demonstrations Policy Act is
3amended by changing Section 1 as follows:
4 (110 ILCS 10/1) (from Ch. 144, par. 225)
5 Sec. 1. For the purposes of this Act:
6 (a) "State-supported institution of higher learning" means
7the University of Illinois, Southern Illinois University at
8Carbondale, Southern Illinois University at Edwardsville,
9Chicago State University, Eastern Illinois University,
10Governors State University, Illinois State University,
11Northeastern Illinois University, Northern Illinois
12University, Western Illinois University, and the public
13community colleges subject to the Public Community College Act.
14 (b) "Policy on Demonstrations" means an outline of rules
15and regulations to maintain order on the campus of an
16institution of higher learning in this State which gives
17special attention to firmness, to insuring that the civil
18rights of others are not infringed and to establishment of a
19step by step approach to secure the reasonable operation of
20university or college activities in case of any disruptive
21activity.
22(Source: P.A. 89-4, eff. 1-1-96.)
23 Section 140. The College Campus Press Act is amended by

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1changing Section 5 as follows:
2 (110 ILCS 13/5)
3 Sec. 5. Definitions. For purposes of this Act:
4 "Campus media" means any matter that is prepared,
5substantially written, published, or broadcast by students at
6State-sponsored institutions of higher learning, that is
7distributed or generally made available, either free of charge
8or for a fee, to members of the student body, and that is
9prepared under the direction of a student media adviser.
10"Campus media" does not include media that is intended for
11distribution or transmission solely in the classrooms in which
12it is produced.
13 "Campus policy" means the views and positions of
14State-sponsored institutions of higher learning promulgated by
15administrators, officials, or other agents of these
16institutions.
17 "Collegiate media adviser" means a person who is employed,
18appointed, or designated by the State-sponsored institution of
19higher learning to supervise or provide instruction relating to
20campus media.
21 "Collegiate student editor" means a student at a
22State-sponsored institution of higher learning who edits
23information prepared by collegiate student journalists for
24dissemination in campus media.
25 "Collegiate student journalist" means a student at a

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1State-sponsored institution of higher learning who gathers,
2compiles, writes, photographs, records, or prepares
3information for dissemination in campus media.
4 "Prevailing party" includes any party who obtains some of
5his or her requested relief through judicial judgment in his or
6her favor, who obtains some of his or her requested relief
7through a settlement agreement approved by the court, or whose
8pursuit of a non-frivolous claim was a catalyst for a
9unilateral change in position by the opposing party relative to
10the relief sought.
11 "State-sponsored institution of higher learning" means the
12University of Illinois, Southern Illinois University at
13Carbondale, Southern Illinois University at Edwardsville,
14Chicago State University, Eastern Illinois University,
15Governors State University, Illinois State University,
16Northeastern Illinois University, Northern Illinois
17University, Western Illinois University, and public community
18colleges subject to the Public Community College Act.
19(Source: P.A. 95-580, eff. 6-1-08.)
20 Section 145. The College Student Immunization Act is
21amended by changing Section 1 as follows:
22 (110 ILCS 20/1) (from Ch. 144, par. 2601)
23 Sec. 1. Definitions. For the purposes of this Act:
24 (a) "Department" means the Illinois Department of Public

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1Health.
2 (b) "Post-secondary educational institution" means a
3public or private college or university offering degrees and
4instruction above the high school level, and shall include, but
5not be limited to, any and all private colleges and
6universities, the University of Illinois, Southern Illinois
7University at Carbondale, Southern Illinois University at
8Edwardsville, Chicago State University, Eastern Illinois
9University, Governors State University, Illinois State
10University, Northeastern Illinois University, Northern
11Illinois University, Western Illinois University, and any
12other public university now or hereafter established or
13authorized by the General Assembly; except that a
14post-secondary educational institution does not mean or
15include any public or private college or university that does
16not provide on-campus housing for its students in dormitories
17or equivalent facilities that are owned, operated, and
18maintained by the public or private college or university.
19 The term shall not include any public or private junior or
20community college, or any institution offering degrees and
21instruction which utilizes correspondence as its primary mode
22of student instruction.
23(Source: P.A. 94-195, eff. 7-12-05.)
24 Section 150. The Forensic Psychiatry Fellowship Training
25Act is amended by changing Sections 5, 10, and 20 as follows:

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1 (110 ILCS 46/5)
2 Sec. 5. Creation of program. The University of Illinois at
3Chicago and Southern Illinois University at Edwardsville shall
4expand their focuses on enrolling, training, and graduating
5forensic mental health professionals by each creating a
6forensic psychiatry fellowship training program at their
7Colleges of Medicine.
8(Source: P.A. 95-22, eff. 8-3-07.)
9 (110 ILCS 46/10)
10 Sec. 10. Powers and duties under program. Under the
11forensic psychiatry fellowship training program created under
12Section 5 of this Act, the University of Illinois at Chicago
13and Southern Illinois University at Edwardsville shall each
14have all of the following powers and duties:
15 (1) The university's undergraduate and graduate
16 programs may increase their service and training
17 commitments in order to provide mental health care to
18 chronically mentally ill populations in this State.
19 (2) The university shall coordinate service,
20 education, and research in mental health and may work with
21 communities, State agencies, other colleges and
22 universities, private foundations, health care providers,
23 and other interested organizations on innovative
24 strategies to respond to the challenges of providing

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1 greater physician presence in the field of forensic
2 psychiatry. However, the majority of the clinical
3 rotations of the fellows must be served in publicly
4 supported programs in this State.
5 (3) The university may establish such clinical and
6 educational centers and may cooperate with other
7 universities and associations as may be necessary to carry
8 out the intent of this Act according to the following
9 priorities:
10 (A) a preference for programs that are designed to
11 enroll, educate, and facilitate the graduation of
12 mental health professionals trained in forensic
13 psychiatry and other forensic mental health
14 sub-specialties; and
15 (B) a preference for public sector programs that
16 involve networking with other agencies, organizations,
17 and institutions that have similar objectives.
18(Source: P.A. 97-813, eff. 7-13-12.)
19 (110 ILCS 46/20)
20 Sec. 20. University of Illinois College of Medicine at
21Peoria and Northwestern University programs; funding. From
22funds appropriated for the purposes of this Act, the University
23of Illinois at Chicago and Southern Illinois University at
24Edwardsville may enter into cooperative agreements with the
25University of Illinois College of Medicine at Peoria or

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1Northwestern University or both for the purpose of funding
2forensic psychiatric fellowship training programs at the
3University of Illinois College of Medicine at Peoria and
4Northwestern University.
5(Source: P.A. 95-22, eff. 8-3-07; 96-690, eff. 8-25-09.)
6 Section 155. The Higher Education Veterans Service Act is
7amended by changing Section 5 as follows:
8 (110 ILCS 49/5)
9 Sec. 5. Definitions. For purposes of this Act:
10 "Task Force" means the Task Force on Service Member and
11Veterans Education.
12 "Public colleges and universities" means public community
13colleges subject to the Public Community College Act, the
14University of Illinois, Southern Illinois University at
15Carbondale, Southern Illinois University at Edwardsville,
16Chicago State University, Eastern Illinois University,
17Governors State University, Illinois State University,
18Northeastern Illinois University, Northern Illinois
19University, and Western Illinois University.
20(Source: P.A. 96-133, eff. 8-7-09.)
21 Section 160. The Nonresident College Trustees Act is
22amended by changing Section 1 as follows:

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1 (110 ILCS 60/1) (from Ch. 144, par. 7)
2 Sec. 1. (a) In all colleges, universities and other
3institutions of learning in the State of Illinois, not placed
4under the control of the officers of this State, whether
5organized under any general or special law, non-residents of
6this State shall be eligible to the office of trustee;
7provided, that at least 3 members of the board of trustees of
8any such institution of learning shall be residents of this
9State. This subsection (a) does not apply to the Board of
10Trustees of the University of Illinois, Southern Illinois
11University at Carbondale, Southern Illinois University at
12Edwardsville, Chicago State University, Eastern Illinois
13University, Governors State University, Illinois State
14University, Northeastern Illinois University, Northern
15Illinois University, or Western Illinois University.
16 (b) No institution of learning in this State shall be
17removed from this State unless by a unanimous vote of the board
18of trustees.
19(Source: P.A. 91-798, eff. 7-9-00.)
20 Section 165. The Public University Energy Conservation Act
21is amended by changing Section 5-5 as follows:
22 (110 ILCS 62/5-5)
23 Sec. 5-5. Public university. "Public university" means any
24of the following institutions of higher learning: the

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1University of Illinois, Southern Illinois University at
2Carbondale, Southern Illinois University at Edwardsville,
3Northern Illinois University, Eastern Illinois University,
4Western Illinois University, Northeastern Illinois University,
5Chicago State University, Governors State University, or
6Illinois State University, acting in each case through its
7board of trustees or through a designee of that board.
8(Source: P.A. 97-813, eff. 7-13-12.)
9 Section 170. The Public University Tuition Statement Act is
10amended by changing Sections 10 as follows:
11 (110 ILCS 63/10)
12 Sec. 10. Definition. In this Act, "public university"
13means and includes Chicago State University, Eastern Illinois
14University, Governors State University, Illinois State
15University, Northeastern Illinois University, Northern
16Illinois University, Southern Illinois University at
17Carbondale, Southern Illinois University at Edwardsville,
18Western Illinois University, the University of Illinois, and
19any other public university established or authorized by the
20General Assembly.
21(Source: P.A. 91-185, eff. 7-20-99.)
22 Section 175. The State Universities Civil Service Act is
23amended by changing Sections 36b, 36c, 36e, and 36g-1 as

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1follows:
2 (110 ILCS 70/36b) (from Ch. 24 1/2, par. 38b1)
3 Sec. 36b. Creation.
4 (1) A classified civil service system to be known as the
5State Universities Civil Service System is hereby created, and
6is hereinafter referred to as the University System.
7 (2) The purpose of the University System is to establish a
8sound program of personnel administration for the Illinois
9Community College Board, State Community College of East St.
10Louis (abolished under Section 2-12.1 of the Public Community
11College Act), Southern Illinois University at Carbondale,
12Southern Illinois University at Edwardsville, Chicago State
13University, Eastern Illinois University, Governors State
14University, Illinois State University, Northeastern Illinois
15University, Northern Illinois University, Western Illinois
16University, University of Illinois, State Universities Civil
17Service System, State Universities Retirement System, the
18State Scholarship Commission, and the Board of Higher
19Education. All certificates, appointments and promotions to
20positions in these agencies and institutions shall be made
21solely on the basis of merit and fitness, to be ascertained by
22examination, except as specified in Section 36e.
23 (3) The State Universities Civil Service System hereby
24created shall be a separate entity of the State of Illinois and
25shall be under the control of a Board to be known as the

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1University Civil Service Merit Board, and is hereinafter
2referred to as the Merit Board.
3(Source: P.A. 97-333, eff. 8-12-11.)
4 (110 ILCS 70/36c) (from Ch. 24 1/2, par. 38b2)
5 Sec. 36c. The merit board. The Merit Board shall be
6composed of 12 11 members, 3 of whom shall be members of the
7Board of Trustees of the University of Illinois, one of whom
8shall be a member of the Board of Trustees of Southern Illinois
9University at Carbondale, one of whom shall be a member of the
10Board of Trustees of Southern Illinois University at
11Edwardsville, one of whom shall be a member of the Board of
12Trustees of Chicago State University, one of whom shall be a
13member of the Board of Trustees of Eastern Illinois University,
14one of whom shall be a member of the Board of Trustees of
15Governors State University, one of whom shall be a member of
16the Board of Trustees of Illinois State University, one of whom
17shall be a member of the Board of Trustees of Northeastern
18Illinois University, one of whom shall be a member of the Board
19of Trustees of Northern Illinois University, and one of whom
20shall be a member of the Board of Trustees of Western Illinois
21University. The 7 new members required to be elected to the
22Merit Board by their respective Boards of Trustees shall
23replace the 2 persons who, until the effective date of this
24amendatory Act of 1995, served as members of the Merit Board
25elected from the Board of Governors of State Colleges and

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1Universities and the Board of Regents; and the terms of the
2members elected to the Merit Board from the Board of Governors
3of State Colleges and Universities and the Board of Regents
4shall terminate on the effective date of this amendatory Act of
51995. The members of the Merit Board shall be elected by the
6respective Boards in which they hold membership and they shall
7serve at the pleasure of the electing Boards.
8 All members of the Merit Board shall serve without
9compensation but shall be reimbursed for any traveling expenses
10incurred in attending meetings of the Merit Board.
11 The Merit Board shall determine the number necessary for a
12quorum, elect its own chairman and set up an Executive
13Committee of its own members which shall have all of the powers
14of the Merit Board except as limited by the Merit Board.
15 The Merit Board shall cause to be elected a committee of
16not less than eleven members to be made up of Civil Service
17Employees, six of whom shall be nominated by and from the Civil
18Service Employees of the University of Illinois and one of whom
19shall be nominated by and from the Civil Service Employees of
20each of the other institutions specified in Section 36e, who
21will function in an advisory capacity to the Merit Board on all
22matters pertaining to the University System. This Advisory
23Committee shall meet at least quarterly and members of the
24Committee shall be reimbursed by their respective employers for
25time lost from work and for expenses incurred in attending
26meetings of the Committee.

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1(Source: P.A. 89-4, eff. 1-1-96.)
2 (110 ILCS 70/36e) (from Ch. 24 1/2, par. 38b4)
3 Sec. 36e. Coverage. All employees of the Illinois Community
4College Board, State Community College of East St. Louis
5(abolished under Section 2-12.1 of the Public Community College
6Act), Southern Illinois University at Carbondale, Southern
7Illinois University at Edwardsville, Chicago State University,
8Eastern Illinois University, Governors State University,
9Illinois State University, Northeastern Illinois University,
10Northern Illinois University, Western Illinois University,
11University of Illinois, State Universities Civil Service
12System, State Universities Retirement System, the State
13Scholarship Commission, and the Board of Higher Education,
14shall be covered by the University System described in Sections
1536b to 36q, inclusive, of this Act, except the following
16persons:
17 (1) The members and officers of the Merit Board and the
18 board of trustees, and the commissioners of the
19 institutions and agencies covered hereunder;
20 (2) The presidents and vice-presidents of each
21 educational institution;
22 (3) Other principal administrative employees of each
23 institution and agency as determined by the Merit Board;
24 (4) The teaching, research and extension faculties of
25 each institution and agency;

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1 (5) Students employed under rules prescribed by the
2 Merit Board, without examination or certification.
3(Source: P.A. 97-333, eff. 8-12-11.)
4 (110 ILCS 70/36g-1) (from Ch. 24 1/2, par. 38b6.1)
5 Sec. 36g-1. Active military service. Any employee of State
6Community College of East St. Louis (abolished under Section
72-12.1 of the Public Community College Act), Southern Illinois
8University at Carbondale, Southern Illinois University at
9Edwardsville, the University of Illinois, any university under
10the jurisdiction of the Board of Regents, or any college or
11university under the jurisdiction of the Board of Governors of
12State Colleges and Universities who is a member of any reserve
13component of the United States Armed Services, including the
14Illinois National Guard, and who is mobilized to active
15military duty on or after August 1, 1990 as a result of an
16order of the President of the United States, shall for each pay
17period beginning on or after August 1, 1990 continue to receive
18the same regular compensation that he receives or was receiving
19as an employee of that educational institution at the time he
20is or was so mobilized to active military duty, plus any health
21insurance and other benefits he is or was receiving or accruing
22at that time, minus the amount of his base pay for military
23service, for the duration of his active military service.
24 In the event any provision of a collective bargaining
25agreement or any policy of the educational institution covering

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1any employee so ordered to active duty is more generous than
2the provisions contained in this Section, that collective
3bargaining agreement or policy shall be controlling.
4(Source: P.A. 97-333, eff. 8-12-11.)
5 Section 180. The University - Building Authority Leased
6Lands Act is amended by changing the title and Sections 1 and 2
7as follows:
8 (110 ILCS 85/Act title)
9An Act relating to land leased from the Illinois Building
10Authority by the respective Boards of Trustees of the
11University of Illinois, Southern Illinois University at
12Carbondale, Southern Illinois University at Edwardsville,
13Chicago State University, Eastern Illinois University,
14Governors State University, Illinois State University,
15Northeastern Illinois University, Northern Illinois
16University, and Western Illinois University.
17 (110 ILCS 85/1) (from Ch. 144, par. 70.11)
18 Sec. 1. The Board of Trustees of the University of
19Illinois, the Board of Trustees of Southern Illinois University
20at Carbondale, the Board of Trustees of Southern Illinois
21University at Edwardsville, the Board of Trustees of Chicago
22State University, the Board of Trustees of Eastern Illinois
23University, the Board of Trustees of Governors State

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1University, the Board of Trustees of Illinois State University,
2the Board of Trustees of Northeastern Illinois University, the
3Board of Trustees of Northern Illinois University, and the
4Board of Trustees of Western Illinois University, may
5construct, complete, remodel, maintain and equip buildings and
6other facilities, with funds available to them from any source,
7upon land heretofore or hereafter leased by them from the
8Illinois Building Authority.
9(Source: P.A. 89-4, eff. 1-1-96.)
10 (110 ILCS 85/2) (from Ch. 144, par. 70.12)
11 Sec. 2. Expenditures by the Board of Trustees of the
12University of Illinois, the Board of Trustees of Southern
13Illinois University at Carbondale, the Board of Trustees of
14Southern Illinois University at Edwardsville, the Board of
15Trustees of Chicago State University, the Board of Trustees of
16Eastern Illinois University, the Board of Trustees of Governors
17State University, the Board of Trustees of Illinois State
18University, the Board of Trustees of Northeastern Illinois
19University, the Board of Trustees of Northern Illinois
20University, and the Board of Trustees of Western Illinois
21University for the construction, completion, remodeling,
22maintenance and equipment of buildings and other facilities are
23not subject to any law requiring that the State be vested with
24absolute fee title to the premises, if those expenditures are
25made in connection with and upon premises owned by the Illinois

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1Building Authority.
2(Source: P.A. 89-4, eff. 1-1-96.)
3 Section 185. The University Employees Custodial Accounts
4Act is amended by changing Section 1 as follows:
5 (110 ILCS 95/1) (from Ch. 144, par. 1701)
6 Sec. 1. As used in this Act:
7 "The governing board of any public institution of higher
8education" means the Board of Trustees of the University of
9Illinois, the Board of Trustees of Southern Illinois University
10at Carbondale, the Board of Trustees of Southern Illinois
11University at Edwardsville, the Board of Trustees of Chicago
12State University, the Board of Trustees of Eastern Illinois
13University, the Board of Trustees of Governors State
14University, the Board of Trustees of Illinois State University,
15the Board of Trustees of Northeastern Illinois University, the
16Board of Trustees of Northern Illinois University, the Board of
17Trustees of Western Illinois University and the Illinois
18Community College Board.
19 "Eligible employees" means employees of public
20institutions of higher education who qualify for favorable tax
21treatment under Section 403b of the Internal Revenue Code.
22(Source: P.A. 89-4, eff. 1-1-96.)
23 Section 190. The University Faculty Research and

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1Consulting Act is amended by changing Section 2 as follows:
2 (110 ILCS 100/2) (from Ch. 144, par. 217)
3 Sec. 2. For the purposes of this Act,
4 (a) "State-supported institution of higher learning"
5includes the University of Illinois, Southern Illinois
6University at Carbondale, Southern Illinois University at
7Edwardsville, Chicago State University, Eastern Illinois
8University, Governors State University, Illinois State
9University, Northeastern Illinois University, Northern
10Illinois University, Western Illinois University and all
11public community colleges; and
12 (b) "Contract" includes any grant made by any person
13(individual or corporate), partnership, foundation or
14association, other than federal, State or local governments,
15for the performance of research or consulting services by a
16member of the faculty of a State-supported institution of
17higher learning. The term does not include a scholarship or
18grant for study or research required for a graduate degree or
19the improvement of existing skills without any services to be
20rendered for the grantor or donor of such a scholarship or
21grant.
22(Source: P.A. 89-4, eff. 1-1-96.)
23 Section 195. The University Religious Observances Act is
24amended by changing Section 1 as follows:

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1 (110 ILCS 110/1) (from Ch. 144, par. 2101)
2 Sec. 1. A public institution of higher education shall
3adopt a policy which reasonably accommodates the religious
4observance of individual students in regard to admissions,
5class attendance, and the scheduling of examinations and work
6requirements. This policy shall include a grievance procedure
7by which a student who believes that he or she has been
8unreasonably denied an educational benefit due to his or her
9religious belief or practices may seek redress. Such policy
10shall be made known to faculty and students annually by
11inclusion in the institution's handbook, manual or other
12similar document regularly provided to faculty and students.
13For the purposes of this Section (a) "public institution of
14higher education" means the University of Illinois, Southern
15Illinois University at Carbondale, Southern Illinois
16University at Edwardsville, Chicago State University, Eastern
17Illinois University, Governors State University, Illinois
18State University, Northeastern Illinois University, Northern
19Illinois University, Western Illinois University, the public
20community colleges of the State and any other public
21universities, colleges and community colleges now or hereafter
22established or authorized by the General Assembly; and (b)
23"religious observance" or "religious practice" includes all
24aspects of religious observance and practice, as well as
25belief.

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1(Source: P.A. 89-4, eff. 1-1-96.)
2 Section 200. The Volunteer Emergency Worker Higher
3Education Protection Act is amended by changing Section 5 as
4follows:
5 (110 ILCS 122/5)
6 Sec. 5. Definitions. For the purposes of this Section:
7 "Institution of higher education" means the University of
8Illinois, Southern Illinois University at Carbondale, Southern
9Illinois University at Edwardsville, Chicago State University,
10Eastern Illinois University, Governors State University,
11Illinois State University, Northeastern Illinois University,
12Northern Illinois University, Western Illinois University, the
13public community colleges of this State, and any other public
14universities, colleges, and community colleges now or
15hereafter established or authorized by law.
16 "Volunteer emergency worker" means a volunteer emergency
17worker as defined in the Volunteer Emergency Worker Job
18Protection Act.
19(Source: P.A. 94-957, eff. 7-1-06.)
20 Section 205. The Board of Higher Education Act is amended
21by changing Sections 1, 7, 8, 9.11, 9.29, and 10 as follows:
22 (110 ILCS 205/1) (from Ch. 144, par. 181)

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1 Sec. 1. The following terms shall have the meanings
2respectively prescribed for them, except when the context
3otherwise requires:
4 "Public institutions of higher education": The University
5of Illinois; Southern Illinois University at Carbondale;
6Southern Illinois University at Edwardsville; Chicago State
7University; Eastern Illinois University; Governors State
8University; Illinois State University; Northeastern Illinois
9University; Northern Illinois University; Western Illinois
10University; the public community colleges of the State and any
11other public universities, colleges and community colleges now
12or hereafter established or authorized by the General Assembly.
13 "Board": The Board of Higher Education created by this Act.
14(Source: P.A. 100-167, eff. 1-1-18.)
15 (110 ILCS 205/7) (from Ch. 144, par. 187)
16 Sec. 7. The Board of Trustees of the University of
17Illinois, the Board of Trustees of Southern Illinois University
18at Carbondale, the Board of Trustees of Southern Illinois
19University at Edwardsville, the Board of Trustees of Chicago
20State University, the Board of Trustees of Eastern Illinois
21University, the Board of Trustees of Governors State
22University, the Board of Trustees of Illinois State University,
23the Board of Trustees of Northeastern Illinois University, the
24Board of Trustees of Northern Illinois University, the Board of
25Trustees of Western Illinois University, the Illinois

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1Community College Board and the campuses under their governance
2or supervision shall not hereafter undertake the establishment
3of any new unit of instruction, research or public service
4without the approval of the Board. The term "new unit of
5instruction, research or public service" includes the
6establishment of a college, school, division, institute,
7department or other unit in any field of instruction, research
8or public service not theretofore included in the program of
9the institution, and includes the establishment of any new
10branch or campus. The term does not include reasonable and
11moderate extensions of existing curricula, research, or public
12service programs which have a direct relationship to existing
13programs; and the Board may, under its rule making power,
14define the character of such reasonable and moderate
15extensions.
16 Such governing boards shall submit to the Board all
17proposals for a new unit of instruction, research, or public
18service. The Board may approve or disapprove the proposal in
19whole or in part or approve modifications thereof whenever in
20its judgment such action is consistent with the objectives of
21an existing or proposed master plan of higher education.
22 The Board of Higher Education is authorized to review
23periodically all existing programs of instruction, research
24and public service at the State universities and colleges and
25to advise the appropriate board of control if the contribution
26of each program is not educationally and economically

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1justified. Each State university shall report annually to the
2Board on programs of instruction, research, or public service
3that have been terminated, dissolved, reduced, or consolidated
4by the university. Each State university shall also report to
5the Board all programs of instruction, research, and public
6service that exhibit a trend of low performance in enrollments,
7degree completions, and high expense per degree. The Board
8shall compile an annual report that shall contain information
9on new programs created, existing programs that have been
10closed or consolidated, and programs that exhibit low
11performance or productivity. The report must be submitted to
12the General Assembly. The Board shall have the authority to
13define relevant terms and timelines by rule with respect to
14this reporting.
15(Source: P.A. 97-610, eff. 1-1-12.)
16 (110 ILCS 205/8) (from Ch. 144, par. 188)
17 Sec. 8. The Board of Trustees of the University of
18Illinois, the Board of Trustees of Southern Illinois University
19at Carbondale, the Board of Trustees of Southern Illinois
20University at Edwardsville, the Board of Trustees of Chicago
21State University, the Board of Trustees of Eastern Illinois
22University, the Board of Trustees of Governors State
23University, the Board of Trustees of Illinois State University,
24the Board of Trustees of Northeastern Illinois University, the
25Board of Trustees of Northern Illinois University, the Board of

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1Trustees of Western Illinois University, and the Illinois
2Community College Board shall submit to the Board not later
3than the 15th day of November of each year its budget proposals
4for the operation and capital needs of the institutions under
5its governance or supervision for the ensuing fiscal year. Each
6budget proposal shall conform to the procedures developed by
7the Board in the design of an information system for State
8universities and colleges.
9 In order to maintain a cohesive system of higher education,
10the Board and its staff shall communicate on a regular basis
11with all public university presidents. They shall meet at least
12semiannually to achieve economies of scale where possible and
13provide the most innovative and efficient programs and
14services.
15 The Board, in the analysis of formulating the annual budget
16request, shall consider rates of tuition and fees and
17undergraduate tuition and fee waiver programs at the State
18universities and colleges. The Board shall also consider the
19current and projected utilization of the total physical plant
20of each campus of a university or college in approving the
21capital budget for any new building or facility.
22 The Board of Higher Education shall submit to the Governor,
23to the General Assembly, and to the appropriate budget agencies
24of the Governor and General Assembly its analysis and
25recommendations on such budget proposals.
26 The Board is directed to form a broad-based group of

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1individuals representing the Office of the Governor, the
2General Assembly, public institutions of higher education,
3State agencies, business and industry, statewide organizations
4representing faculty and staff, and others as the Board shall
5deem appropriate to devise a system for allocating State
6resources to public institutions of higher education based upon
7performance in achieving State goals related to student success
8and certificate and degree completion.
9 Beginning in Fiscal Year 2013, the Board of Higher
10Education budget recommendations to the Governor and the
11General Assembly shall include allocations to public
12institutions of higher education based upon performance
13metrics designed to promote and measure student success in
14degree and certificate completion. Public university metrics
15must be adopted by the Board by rule, and public community
16college metrics must be adopted by the Illinois Community
17College Board by rule. These metrics must be developed and
18promulgated in accordance with the following principles:
19 (1) The metrics must be developed in consultation with
20 public institutions of higher education, as well as other
21 State educational agencies and other higher education
22 organizations, associations, interests, and stakeholders
23 as deemed appropriate by the Board.
24 (2) The metrics shall include provisions for
25 recognizing the demands on and rewarding the performance of
26 institutions in advancing the success of students who are

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1 academically or financially at risk, including
2 first-generation students, low-income students, and
3 students traditionally underrepresented in higher
4 education, as specified in Section 9.16 of this Act.
5 (3) The metrics shall recognize and account for the
6 differentiated missions of institutions and sectors of
7 higher education.
8 (4) The metrics shall focus on the fundamental goal of
9 increasing completion of college courses, certificates,
10 and degrees. Performance metrics shall recognize the
11 unique and broad mission of public community colleges
12 through consideration of additional factors including, but
13 not limited to, enrollment, progress through key academic
14 milestones, transfer to a baccalaureate institution, and
15 degree completion.
16 (5) The metrics must be designed to maintain the
17 quality of degrees, certificates, courses, and programs.
18In devising performance metrics, the Board may be guided by the
19report of the Higher Education Finance Study Commission.
20 Each State university must submit its plan for capital
21improvements of non-instructional facilities to the Board for
22approval before final commitments are made if the total cost of
23the project as approved by the institution's board of control
24is in excess of $2 million. Non-instructional uses shall
25include but not be limited to dormitories, union buildings,
26field houses, stadium, other recreational facilities and

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1parking lots. The Board shall determine whether or not any
2project submitted for approval is consistent with the master
3plan for higher education and with instructional buildings that
4are provided for therein. If the project is found by a majority
5of the Board not to be consistent, such capital improvement
6shall not be constructed.
7(Source: P.A. 99-655, eff. 7-28-16.)
8 (110 ILCS 205/9.11) (from Ch. 144, par. 189.11)
9 Sec. 9.11. Effective January 1, 1980, to require the
10preparation of an annual capital plan which details the
11proposed budget year and 3-year 3 year capital needs of the
12Board of Trustees of the University of Illinois, the Board of
13Trustees of Southern Illinois University at Carbondale, the
14Board of Trustees of Southern Illinois University at
15Edwardsville, the Board of Trustees of Chicago State
16University, the Board of Trustees of Eastern Illinois
17University, the Board of Trustees of Governors State
18University, the Board of Trustees of Illinois State University,
19the Board of Trustees of Northeastern Illinois University, the
20Board of Trustees of Northern Illinois University, and the
21Board of Trustees of Western Illinois University. Such plan
22shall detail capital expenditures to finance revenue producing
23facilities through the issuance of revenue bonds. This plan
24shall detail each project and the project cost in current
25dollar amounts. The plan shall contain the appropriate detail

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1for the proposed budget year and the 3-year 3 year plan which
2will justify the projects ability to meet: the debt service
3requirements by producing sufficient revenue, life expectancy
4and maintenance requirements. Such annual capital plans shall
5be submitted to the Commission on Government Forecasting and
6Accountability no later than March 15th of each year.
7(Source: P.A. 93-1067, eff. 1-15-05.)
8 (110 ILCS 205/9.29)
9 Sec. 9.29. Tuition and fee waiver report. The Board of
10Higher Education shall annually compile information concerning
11tuition and fee waivers and tuition and fee waiver programs
12that has been provided by the Boards of Trustees of the
13University of Illinois, Southern Illinois University at
14Carbondale, Southern Illinois University at Edwardsville,
15Chicago State University, Eastern Illinois University,
16Governors State University, Illinois State University,
17Northeastern Illinois University, Northern Illinois
18University, and Western Illinois University and shall report
19its findings and recommendations concerning tuition and fee
20waivers and tuition and fee waiver programs to the General
21Assembly by filing electronic or paper copies of its report by
22December 31 of each year as provided in Section 3.1 of the
23General Assembly Organization Act.
24(Source: P.A. 100-167, eff. 1-1-18.)

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1 (110 ILCS 205/10) (from Ch. 144, par. 190)
2 Sec. 10. The Board of Trustees of the University of
3Illinois, the Board of Trustees of Southern Illinois University
4at Carbondale, the Board of Trustees of Southern Illinois
5University at Edwardsville, the Board of Trustees of Chicago
6State University, the Board of Trustees of Eastern Illinois
7University, the Board of Trustees of Governors State
8University, the Board of Trustees of Illinois State University,
9the Board of Trustees of Northeastern Illinois University, the
10Board of Trustees of Northern Illinois University, the Board of
11Trustees of Western Illinois University, and the Illinois
12Community College Board shall retain all the powers and duties
13heretofore given and conferred upon them by statute, except
14insofar as they are limited by the powers and duties delegated
15to the Board of Higher Education by this Act.
16 Nothing, however, in this Act shall be construed to prevent
17individual state universities and colleges from establishing
18higher minimum admission requirements and higher minimum
19admission requirements may be established for out-of-state
20students than for Illinois residents.
21(Source: P.A. 89-4, eff. 1-1-96.)
22 Section 210. The Higher Education Cooperation Act is
23amended by changing Section 2 as follows:
24 (110 ILCS 220/2) (from Ch. 144, par. 282)

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1 Sec. 2. As used in this Act, unless the context otherwise
2requires:
3 "Board" means the Board of Higher Education;
4 "Nonpublic institution of higher education" means an
5educational organization, other than a public institution of
6higher education, which provides a minimum of an organized 2
7year program at the private junior college level or higher and
8which operates not-for-profit and in conformity with standards
9substantially equivalent to those of the public institutions of
10higher education;
11 "Public institution of higher education" means the
12University of Illinois, Southern Illinois University at
13Carbondale, Southern Illinois University at Edwardsville,
14Chicago State University, Eastern Illinois University,
15Governors State University, Illinois State University,
16Northeastern Illinois University, Northern Illinois
17University, Western Illinois University, the public community
18colleges of this State, and any other public universities,
19colleges and community colleges now or hereafter established or
20authorized by the General Assembly.
21(Source: P.A. 89-4, eff. 1-1-96.)
22 Section 215. The Illinois Cooperative Work Study Program
23Act is amended by changing Section 2 as follows:
24 (110 ILCS 225/2) (from Ch. 144, par. 2952)

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1 Sec. 2. Definitions. In this Act:
2 "Board" means the Illinois Board of Higher Education.
3 "Nonpublic institution of higher education" means an
4educational organization, other than a public institution of
5higher education, that provides a minimum of an organized 2
6year program at the private junior college level or higher and
7that operates in conformity with standards substantially
8equivalent to those of the public institutions of higher
9education.
10 "Public institution of higher education" means the
11University of Illinois, Southern Illinois University at
12Carbondale, Southern Illinois University at Edwardsville,
13Chicago State University, Eastern Illinois University,
14Governors State University, Illinois State University,
15Northeastern Illinois University, Northern Illinois
16University, Western Illinois University, the public community
17colleges of this State, and any other public universities,
18colleges and community colleges now or hereafter established or
19authorized by the General Assembly.
20 "Cooperative work study" means an academically related
21work and study experience with business, industry, government
22or other agencies and organizations. Cooperative work study may
23include, but is not limited to, summer internships, clinical
24placements, internships and work experiences during the
25academic year.
26(Source: P.A. 89-4, eff. 1-1-96.)

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1 Section 220. The University of Illinois Act is amended by
2changing Section 7f as follows:
3 (110 ILCS 305/7f) (from Ch. 144, par. 28f)
4 Sec. 7f. Partial tuition waivers.
5 (a) As used in this Section, "Illinois college or
6university" means any of the following: the University of
7Illinois, Southern Illinois University at Carbondale, Southern
8Illinois University at Edwardsville, Chicago State University,
9Eastern Illinois University, Governors State University,
10Illinois State University, Northeastern Illinois University,
11Northern Illinois University, and Western Illinois University.
12 (b) Each year the Board of Trustees of the University of
13Illinois shall offer 50% tuition waivers for undergraduate
14education at any campus under its governance or supervision to
15the children of employees of an Illinois college or university
16who have been employed by any one or by more than one Illinois
17college or university for an aggregate period of at least 7
18years. To be eligible to receive a partial tuition waiver, the
19child of an employee of an Illinois college or university (i)
20must be under the age of 25 at the commencement of the academic
21year during which the partial tuition waiver is to be
22effective, and (ii) must qualify for admission to the
23University of Illinois under the same admissions requirements,
24standards and policies which the University of Illinois applies

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1to applicants for admission generally to its respective
2undergraduate colleges and programs.
3 (c) Subject to the provisions and limitations of subsection
4(b), an eligible applicant who has continued to maintain
5satisfactory academic progress toward graduation may have his
6or her partial tuition waiver renewed until the time as he or
7she has expended 4 years of undergraduate partial tuition
8waiver benefits under this Section.
9 (d) No partial tuition waiver offered or allocated to any
10eligible applicant in accordance with the provisions of this
11Section shall be charged against any tuition waiver limitation
12established by the Illinois Board of Higher Education.
13 (e) The Board of Trustees shall prescribe rules and
14regulations as are necessary to implement and administer the
15provisions of this Section.
16(Source: P.A. 90-282, eff. 1-1-98.)
17 Section 225. The Southern Illinois University Objects Act
18is amended by changing the title and Sections 2, 12, and 15 as
19follows:
20 (110 ILCS 510/Act title)
21An Act in relation to the Southern Illinois University at
22Carbondale and Southern Illinois University at Edwardsville.
23 (110 ILCS 510/2) (from Ch. 144, par. 602)

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1 Sec. 2. The objects of Southern Illinois University at
2Carbondale and Southern Illinois University at Edwardsville
3shall be to qualify teachers for the schools of this State in
4all branches of study which pertain to a common school
5education; to teach such branches of learning as are related to
6agriculture and the mechanic arts, including military tactics;
7to offer such courses of instruction as shall best serve to
8provide liberal and vocational education customarily offered
9at the college level; and to offer such other courses of
10instruction as these Universities determine the University
11determines; provided no professional courses culminating in
12degrees in law, medicine, dentistry or pharmacy may be offered
13by such Universities University unless approved by the Board of
14Higher Education as provided in Section 7 of the Board of
15Higher Education Act "An Act creating a Board of Higher
16Education, defining its powers and duties, making an
17appropriation therefor, and repealing an Act herein named",
18approved August 22, 1961, as heretofore and hereafter amended.
19(Source: Laws 1963, p. 3272.)
20 (110 ILCS 510/12) (from Ch. 144, par. 612)
21 Sec. 12. The Board of Trustees of Southern Illinois
22University at Carbondale and the Board of Trustees of Southern
23Illinois University at Edwardsville shall appoint instructors,
24and such officers as may be required, fix their respective
25salaries and prescribe their duties. Each The board may remove

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1any instructor or officer for proper cause giving 10 ten days'
2notice of any charge presented, and reasonable opportunity of
3defense. Each The board shall prescribe and provide the
4textbooks, apparatus and furniture to be used in the university
5and make all regulations necessary for its management. Each The
6board may, on recommendation of the faculty of the university,
7issue diplomas to persons who have satisfactorily completed the
8required studies and confer such degrees as are suitable for
9the courses of study authorized by Section 2.
10(Source: Laws 1949, p. 1420.)
11 (110 ILCS 510/15) (from Ch. 144, par. 615)
12 Sec. 15. The expense of the building, improving, repairing
13and supplying fuel and furniture and the necessary appliances
14and apparatus for conducting said universities school, and the
15salaries or compensation of the Board of Trustees of Southern
16Illinois University at Carbondale and the Board of Trustees of
17Southern Illinois University at Edwardsville, the
18superintendent, assistants, agents and employees, shall be a
19charge upon the State Treasury; all other expenses shall be
20chargeable against pupils, and each the Board of Trustees of
21Southern Illinois University shall regulate the charges
22accordingly.
23(Source: Laws 1949, p. 1420.)
24 Section 230. The Southern Illinois University Management

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1Act is amended by changing the title and Sections 1, 2, 4, 5,
26.6, 8, 8a, 8b, 8c, 8e, and 8f and adding Sections 0.05, 1.5,
31.10, 3.5, 3.10, and 3.15 as follows:
4 (110 ILCS 520/Act title)
5An Act providing for the management, operation, control and
6maintenance of Southern Illinois University at Carbondale and
7Southern Illinois University at Edwardsville.
8 (110 ILCS 520/0.05 new)
9 Sec. 0.05. Definitions. In this Act:
10 "Board" and "Board of Trustees" mean both the Board of
11Trustees of Southern Illinois University at Carbondale and the
12Board of Trustees of Southern Illinois University at
13Edwardsville.
14 "University" means both Southern Illinois University at
15Carbondale and Southern Illinois University at Edwardsville.
16 (110 ILCS 520/1) (from Ch. 144, par. 651)
17 Sec. 1. There is hereby created a body politic and
18corporate which shall be styled the Board of Trustees of
19Southern Illinois University to operate, manage, control and
20maintain the University, hereinafter called the Board. The
21Board of Trustees of Southern Illinois University is abolished
22on July 1, 2018. On July 1, 2018, the governance and control of
23Southern Illinois University shall pass to and rest within the

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1new boards of trustees created under Sections 1.5 and 1.10 of
2this Act as provided by law. The sole function and power of the
3Board of Trustees of Southern Illinois University from June 1,
42018 until its abolition on July 1, 2018 shall be to assist in
5transferring all books, records, papers, documents, pending
6business, accounts, and all real and personal property
7belonging to or held for the use and benefit of Southern
8Illinois University that until July 1, 2018 was under the Board
9of Trustees' governance to the new boards of trustees as
10provided by law.
11(Source: Laws 1951, p. 1407.)
12 (110 ILCS 520/1.5 new)
13 Sec. 1.5. Southern Illinois University at Carbondale;
14creation of board.
15 (a) There is hereby created a body politic and corporate
16that shall be styled the Board of Trustees of Southern Illinois
17University at Carbondale to operate, manage, control, and
18maintain Southern Illinois University at Carbondale.
19 (b) That part of Southern Illinois University associated
20with the Carbondale campus and the School of Law before July 1,
212018, shall hereafter be known as Southern Illinois University
22at Carbondale, shall be under the governance and control of the
23Board of Trustees of Southern Illinois University at
24Carbondale, and beginning on July 1, 2018, shall award
25appropriate degrees in the name of Southern Illinois University

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1at Carbondale.
2 (110 ILCS 520/1.10 new)
3 Sec. 1.10. Southern Illinois University at Edwardsville;
4creation of board.
5 (a) There is hereby created a body politic and corporate
6that shall be styled the Board of Trustees of Southern Illinois
7University at Edwardsville to operate, manage, control, and
8maintain Southern Illinois University at Edwardsville.
9 (b) That part of the Southern Illinois University
10associated with the Edwardsville campus and the School of
11Medicine, School of Dental Medicine, School of Pharmacy, School
12of Nursing, and the East St. Louis Center before July 1, 2018
13shall hereafter be known as Southern Illinois University at
14Edwardsville, shall be under the governance and control of the
15Board of Trustees of Southern Illinois University at
16Edwardsville, and beginning on July 1, 2018, shall award
17appropriate degrees in the name of Southern Illinois University
18at Edwardsville.
19 (110 ILCS 520/2) (from Ch. 144, par. 652)
20 Sec. 2. The Board shall consist of 7 voting members
21appointed by the Governor, by and with the advice and consent
22of the Senate, the Superintendent of Public Instruction, or his
23chief assistant for liaison with higher education when
24designated to serve in his place, ex-officio, and one voting

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1student member designated by the Governor from one campus of
2the University and one voting nonvoting student member who is a
3student at from the campus of the University not represented by
4the voting student member. The Governor shall designate one of
5the student members serving on the Board to serve as the voting
6student member. Each student member shall be chosen by the
7respective campuses of Southern Illinois University at
8Carbondale and Edwardsville. The method of choosing the these
9student member members shall be by campus-wide student
10election, and any student designated by the Governor to be a
11voting student member shall be one of the students chosen by
12this method. The student member members shall serve a term
13terms of one year beginning on July 1 of each year, except that
14the student member members initially selected shall serve a
15term beginning on the date of such selection and expiring on
16the next succeeding June 30. To be eligible for selection as a
17student member and to be eligible to remain as a voting or
18nonvoting student member of the Board, the a student member
19must be a resident of this State, must have and maintain a
20grade point average that is equivalent to at least 2.5 on a 4.0
21scale, and must be a full time student enrolled at all times
22during his or her term of office except for that part of the
23term which follows the completion of the last full regular
24semester of an academic year and precedes the first full
25regular semester of the succeeding academic year at the
26university (sometimes commonly referred to as the summer

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1session or summer school). If the a voting or nonvoting student
2member serving on the Board fails to continue to meet or
3maintain the residency, minimum grade point average, or
4enrollment requirement established by this Section, his or her
5membership on the Board shall be deemed to have terminated by
6operation of law. No more than 4 of the members appointed by
7the Governor shall be affiliated with the same political party.
8Each member appointed by the Governor must be a resident of
9this State. A failure to meet or maintain this residency
10requirement constitutes a resignation from and creates a
11vacancy in the Board. Of the members first appointed by the
12Governor, 4 shall be appointed for terms to expire on the third
13Monday in January, 2022 and 3 shall be appointed for terms to
14expire on the third Monday in January, 2024. If the Senate is
15not in session on July 1, 2018 or if a vacancy in an appointive
16membership occurs at a time when the Senate is not in session,
17the Governor shall make temporary appointments until the next
18meeting of the Senate when he or she shall nominate persons to
19fill such memberships for the remainder of their respective
20terms. Upon the expiration of the terms of members appointed by
21the Governor, their respective successors shall be appointed
22for terms of 6 years from the third Monday in January of each
23odd-numbered year and until their respective successors are
24appointed for like terms. If the Senate is not in session
25appointments shall be made as in the case of vacancies.
26(Source: P.A. 91-778, eff. 1-1-01; 91-798, eff. 7-9-00; 92-16,

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1eff. 6-28-01.)
2 (110 ILCS 520/3.5 new)
3 Sec. 3.5. Southern Illinois University at Carbondale;
4transfer of authority. All of the rights, powers, and duties
5vested by law in the Board of Trustees of Southern Illinois
6University before July 1, 2018 and relating to the operation,
7management, control, and maintenance of Southern Illinois
8University at Carbondale prior to its change of name and status
9are hereby transferred to and vested in the Board of Trustees
10of Southern Illinois University at Carbondale.
11 All books, records, papers, documents, and pending
12business in any way pertaining to Southern Illinois University
13at Carbondale prior to its change of name and status and held
14by the Board of Trustees of Southern Illinois University before
15July 1, 2018 are hereby transferred from the Board of Trustees
16of Southern Illinois University to the Board of Trustees of
17Southern Illinois University at Carbondale.
18 On July 1, 2018, the rules and regulations previously
19promulgated by the Board of Trustees of Southern Illinois
20University and applicable to Southern Illinois University at
21Carbondale prior to its change of name and status shall be the
22rules and regulations applicable to Southern Illinois
23University at Carbondale, provided that, beginning on July 1,
242018, any or all of the rules and regulations may be changed or
25rescinded by the Board of Trustees of Southern Illinois

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1University at Carbondale.
2 The right of custody, possession, and control over all
3items of income, funds, or deposits in any way pertaining to
4Southern Illinois University at Carbondale prior to its change
5of name and status that before July 1, 2018 were held or
6retained by or under the jurisdiction of the Board of Trustees
7of Southern Illinois University under the authority of the
8State Finance Act, as that Act existed before July 1, 2018, is
9hereby transferred to and vested in the Board of Trustees of
10Southern Illinois University at Carbondale to be retained by
11Southern Illinois University at Carbondale in its own treasury,
12or deposited with a bank or savings and loan association, all
13in accordance with the provisions of the State Finance Act.
14 There is hereby transferred from the Board of Trustees of
15Southern Illinois University to the Board of Trustees of
16Southern Illinois University at Carbondale the power of order
17and direction over the disbursement of those funds in any way
18pertaining to Southern Illinois University at Carbondale prior
19to its change of name and status that immediately prior to the
20effective date of this amendatory Act of the 100th General
21Assembly were retained by Southern Illinois University in its
22own treasury under the authority of the State Finance Act as
23that Act existed prior to July 1, 2018, provided that such
24funds shall be disbursed from time to time pursuant to the
25order and direction of the Board of Trustees of Southern
26Illinois University at Carbondale in accordance with any

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1contracts, pledges, trusts, or agreements heretofore made with
2respect to the use or application of such funds by the Board of
3Trustees of Southern Illinois University.
4 The Board of Trustees of Southern Illinois University at
5Carbondale shall succeed to, assume, and exercise all rights,
6powers, duties, and responsibilities formerly exercised by the
7Board of Trustees of Southern Illinois University on behalf of
8Southern Illinois University at Carbondale before its change of
9name and status. All contracts and agreements entered into by
10the Board of Trustees of Southern Illinois University on behalf
11of Southern Illinois University at Carbondale before its change
12of name and status shall subsist notwithstanding the transfer
13of the functions of the Board of Trustees of Southern Illinois
14University, with respect to Southern Illinois University at
15Carbondale prior to its change of name and status, to the Board
16of Trustees of Southern Illinois University at Carbondale. All
17bonds, notes, and other evidences of indebtedness outstanding
18on July 1, 2018 issued by the Board of Trustees of Southern
19Illinois University on behalf of Southern Illinois University
20at Carbondale before its change of name and status shall become
21the bonds, notes, or other evidences of indebtedness of
22Southern Illinois University at Carbondale and shall be
23otherwise unaffected by the transfer of functions to the Board
24of Trustees of Southern Illinois University at Carbondale. Any
25action with respect to Southern Illinois University at
26Carbondale prior to its change of name and status, including

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1without limitation approvals of applications for bonds and
2resolutions constituting official action under the Internal
3Revenue Code, by the Board of Trustees of Southern Illinois
4University before July 1, 2018 shall remain effective to the
5same extent as if that action had been taken by the Board of
6Trustees of Southern Illinois University at Carbondale and
7shall be deemed to be action taken by the Board of Trustees of
8Southern Illinois University at Carbondale for Southern
9Illinois University at Carbondale.
10 The title to all other property, whether real, personal or
11mixed, and all accounts receivable belonging to or under the
12jurisdiction of the Board of Trustees of Southern Illinois
13University for Southern Illinois University at Carbondale
14prior to its change of name and status is hereby transferred to
15and vested in the Board of Trustees of Southern Illinois
16University at Carbondale to be held for the People of the State
17of Illinois.
18 The employment of all academic and nonacademic personnel of
19Southern Illinois University at Carbondale prior to its change
20of name and status is hereby transferred from the Board of
21Trustees of Southern Illinois University to the Board of
22Trustees of Southern Illinois University at Carbondale, but the
23locus of employment shall not be transferred. The transfer
24shall not affect the status and rights of any person under the
25State Universities Retirement System or the State Universities
26Civil Service System. On July 1, 2018, the individuals whose

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1employment is so transferred shall be credited with earned
2vacation days and sick leave days accrued before the transfer.
3 On July 1, 2018, individuals who were students of Southern
4Illinois University at Carbondale prior to its change of name
5and status shall be students of Southern Illinois University at
6Carbondale.
7 (110 ILCS 520/3.10 new)
8 Sec. 3.10. Southern Illinois University at Edwardsville;
9transfer of authority. All of the rights, powers, and duties
10vested by law in the Board of Trustees of Southern Illinois
11University before July 1, 2018 and relating to the operation,
12management, control, and maintenance of Southern Illinois
13University at Edwardsville prior to its change of name and
14status are hereby transferred to and vested in the Board of
15Trustees of Southern Illinois University at Edwardsville.
16 All books, records, papers, documents, and pending
17business in any way pertaining to Southern Illinois University
18at Edwardsville prior to its change of name and status and held
19by the Board of Trustees of Southern Illinois University before
20July 1, 2018 are hereby transferred from the Board of Trustees
21of Southern Illinois University to the Board of Trustees of
22Southern Illinois University at Edwardsville.
23 On July 1, 2018, the rules and regulations previously
24promulgated by the Board of Trustees of Southern Illinois
25University and applicable to Southern Illinois University at

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1Edwardsville prior to its change of name and status shall be
2the rules and regulations applicable to Southern Illinois
3University at Edwardsville, provided that, beginning on July 1,
42018, any or all of the rules and regulations may be changed or
5rescinded by the Board of Trustees of Southern Illinois
6University at Edwardsville.
7 The right of custody, possession, and control over all
8items of income, funds, or deposits in any way pertaining to
9Southern Illinois University at Edwardsville prior to its
10change of name and status that before July 1, 2018 were held or
11retained by or under the jurisdiction of the Board of Trustees
12of Southern Illinois University under the authority of the
13State Finance Act as that Act existed before July 1, 2018, is
14hereby transferred to and vested in the Board of Trustees of
15Southern Illinois University at Edwardsville to be retained by
16Southern Illinois University at Edwardsville in its own
17treasury, or deposited with a bank or savings and loan
18association, all in accordance with the provisions of the State
19Finance Act.
20 There is hereby transferred from the Board of Trustees of
21Southern Illinois University to the Board of Trustees of
22Southern Illinois University at Edwardsville the power of order
23and direction over the disbursement of those funds in any way
24pertaining to Southern Illinois University at Edwardsville
25prior to its change of name and status that immediately prior
26to the effective date of this amendatory Act of the 100th

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1General Assembly were retained by Southern Illinois University
2in its own treasury under the authority of the State Finance
3Act as that Act existed prior to July 1, 2018, provided that
4such funds shall be disbursed from time to time pursuant to the
5order and direction of the Board of Trustees of Southern
6Illinois University at Edwardsville in accordance with any
7contracts, pledges, trusts, or agreements heretofore made with
8respect to the use or application of such funds by the Board of
9Trustees of Southern Illinois University.
10 The Board of Trustees of Southern Illinois University at
11Edwardsville shall succeed to, assume, and exercise all rights,
12powers, duties, and responsibilities formerly exercised by the
13Board of Trustees of Southern Illinois University on behalf of
14Southern Illinois University at Edwardsville before its change
15of name and status. All contracts and agreements entered into
16by the Board of Trustees of Southern Illinois University on
17behalf of Southern Illinois University at Edwardsville before
18its change of name and status shall subsist notwithstanding the
19transfer of the functions of the Board of Trustees of Southern
20Illinois University, with respect to Southern Illinois
21University at Edwardsville prior to its change of name and
22status, to the Board of Trustees of Southern Illinois
23University at Edwardsville. All bonds, notes, and other
24evidences of indebtedness outstanding on July 1, 2018 issued by
25the Board of Trustees of Southern Illinois University on behalf
26of Southern Illinois University at Edwardsville before its

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1change of name and status shall become the bonds, notes, or
2other evidences of indebtedness of Southern Illinois
3University at Edwardsville and shall be otherwise unaffected by
4the transfer of functions to the Board of Trustees of Southern
5Illinois University at Edwardsville. Any action with respect to
6Southern Illinois University at Edwardsville prior to its
7change of name and status, including without limitation
8approvals of applications for bonds and resolutions
9constituting official action under the Internal Revenue Code,
10by the Board of Trustees of Southern Illinois University before
11July 1, 2018 shall remain effective to the same extent as if
12that action had been taken by the Board of Trustees of Southern
13Illinois University at Edwardsville and shall be deemed to be
14action taken by the Board of Trustees of Southern Illinois
15University at Edwardsville for Southern Illinois University at
16Edwardsville.
17 The title to all other property, whether real, personal or
18mixed, and all accounts receivable belonging to or under the
19jurisdiction of the Board of Trustees of Southern Illinois
20University for Southern Illinois University at Edwardsville
21prior to its change of name and status is hereby transferred to
22and vested in the Board of Trustees of Southern Illinois
23University at Edwardsville to be held for the People of the
24State of Illinois.
25 The employment of all academic and nonacademic personnel of
26Southern Illinois University at Edwardsville prior to its

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1change of name and status is hereby transferred from the Board
2of Trustees of Southern Illinois University to the Board of
3Trustees of Southern Illinois University at Edwardsville, but
4the locus of employment shall not be transferred. The transfer
5shall not affect the status and rights of any person under the
6State Universities Retirement System or the State Universities
7Civil Service System. On July 1, 2018, the individuals whose
8employment is so transferred shall be credited with earned
9vacation days and sick leave days accrued before the transfer.
10 On July 1, 2018, individuals who were students of Southern
11Illinois University at Edwardsville prior to its change of name
12and status shall be students of Southern Illinois University at
13Edwardsville.
14 (110 ILCS 520/3.15 new)
15 Sec. 3.15. Inability to transfer. Anything under Section
163.5 or 3.10 of this Act that cannot be transferred to the Board
17of Trustees of Southern Illinois University at Carbondale or
18the Board of Trustees of Southern Illinois University at
19Edwardsville because it was not related to either Southern
20Illinois University at Carbondale prior to its change of name
21and status or Southern Illinois University at Edwardsville
22prior to its change of name and status shall be divided
23equally, if possible, or shared between the 2 universities.
24 (110 ILCS 520/4) (from Ch. 144, par. 654)

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1 Sec. 4. Members of the Board shall serve without
2compensation but shall be entitled to reasonable amounts for
3expenses necessarily incurred in the performance of their
4duties. Such expenses incurred by the any non-voting student
5member may, at the discretion of the Chairperson Chairman of
6the Board, be provided for by advance payment to the student
7such member, who shall account therefor to the Board
8immediately after each meeting.
9 No member of the Board shall hold or be employed in or
10appointed to any office or place under the authority of the
11Board, nor shall any member of the Board be directly or
12indirectly interested in any contract made by the Board, nor
13shall he or she be an employee of the State government
14Government. This Section section does not prohibit the student
15member members of the Board from maintaining normal and
16official status as an enrolled student students or normal
17student employment at the Southern Illinois University.
18(Source: P.A. 93-1096, eff. 1-1-06.)
19 (110 ILCS 520/5) (from Ch. 144, par. 655)
20 Sec. 5. Members of the Board shall elect annually by secret
21ballot from their own number a chairperson chairman who shall
22preside over meetings of the Board and a secretary.
23 Meetings of the Board shall be held at least once each
24quarter on the a campus of the Southern Illinois University. At
25all regular meetings of the Board, a majority of its voting

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1members shall constitute a quorum. The student member members
2shall have all of the privileges of membership, including the
3right to make and second motions and to attend executive
4sessions, other than the right to vote, but the except that the
5student member designated by the Governor as the voting student
6member shall have the right to vote on all Board matters except
7those involving faculty tenure, faculty promotion or any issue
8on which the student member has a direct conflict of interest.
9For the purposes of this Section, a student member shall not be
10deemed to have a direct conflict of interest in and may vote on
11any item involving the employment or compensation of the
12Chancellor at any campus or the President of the University or
13the election of officers. A student member who is not entitled
14to vote on a measure at a meeting of the Board or any of its
15committees shall not be considered a member for the purpose of
16determining whether a quorum is present at any meeting of the
17Board or any of its committees the time that measure is voted
18upon. No action of the Board shall be invalidated by reason of
19any vacancies on the Board, or by reason of any failure to
20select a student member.
21 Special meetings of the Board may be called by the
22chairperson chairman of the Board or by any 3 members of the
23Board.
24 At each regular and special meeting that is open to the
25public, members of the public and employees of the University
26shall be afforded time, subject to reasonable constraints, to

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1make comments to or ask questions of the Board.
2(Source: P.A. 99-734, eff. 8-5-16.)
3 (110 ILCS 520/6.6)
4 Sec. 6.6. The Illinois Ethanol Research Advisory Board.
5 (a) There is established the Illinois Ethanol Research
6Advisory Board (the "Advisory Board").
7 (b) The Advisory Board shall be composed of 13 members
8including: the President of Southern Illinois University at
9Edwardsville who shall be Chairperson Chairman; the Director of
10Commerce and Economic Opportunity; the Director of
11Agriculture; the President of the Illinois Corn Growers
12Association; the President of the National Corn Growers
13Association; the President of the Renewable Fuels Association;
14the Dean of the College of Agricultural, Consumer, and
15Environmental Science, University of Illinois at
16Champaign-Urbana; and 6 at-large members appointed by the
17Governor representing the ethanol industry, growers,
18suppliers, and universities.
19 (c) The 6 at-large members shall serve a term of 4 years.
20The Advisory Board shall meet at least annually or at the call
21of the Chairperson Chairman. At any time a majority of the
22Advisory Board may petition the Chairperson Chairman for a
23meeting of the Board. Seven members of the Advisory Board shall
24constitute a quorum.
25 (d) The Advisory Board shall:

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1 (1) Review the annual operating plans and budget of the
2 National Corn-to-Ethanol Research Pilot Plant.
3 (2) Advise on research and development priorities and
4 projects to be carried out at the Corn-to-Ethanol Research
5 Pilot Plant.
6 (3) Advise on policies and procedures regarding the
7 management and operation of the ethanol research pilot
8 plant. This may include contracts, project selection, and
9 personnel issues.
10 (4) Develop bylaws.
11 (5) Submit a final report to the Governor and General
12 Assembly outlining the progress and accomplishments made
13 during the year along with a financial report for the year.
14 (6) Establish and operate, subject to specific
15 appropriation for the purpose of providing facility
16 operating funds, the National Corn-to-Ethanol Research
17 Center at Southern Illinois University at Edwardsville as a
18 State Biorefining Center of Excellence with the following
19 purposes and goals:
20 (A) To utilize interdisciplinary,
21 interinstitutional, and industrial collaborations to
22 conduct research.
23 (B) To provide training and services to the ethanol
24 fuel industry to make projects and training to advance
25 the biofuels industry in the State more affordable for
26 the institutional and industrial bodies, including,

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1 but not limited to, Illinois farmer-owned ethanol
2 cooperatives.
3 (C) To coordinate near-term industry research
4 needs and laboratory services by identifying needs and
5 pursuing federal and other funding sources.
6 (D) To develop and provide hands-on training to
7 prepare students for the biofuels workforce and train
8 workforce reentrants.
9 (E) To serve as an independent, third-party source
10 for review, testing, validation standardization, and
11 definition in areas of industry need.
12 (F) To provide seminars, tours, and informational
13 sessions advocating renewable energy.
14 (G) To provide consultation services and
15 information for those interested in renewable energy.
16 (H) To develop demonstration projects by pursuing
17 federal and other funding sources.
18 (e) The Advisory Board established by this Section is a
19continuation, as changed by the Section, of the Board
20established under Section 8a of the Energy Conservation and
21Coal Act and repealed by this amendatory Act of the 92nd
22General Assembly.
23(Source: P.A. 94-793, eff. 5-19-06; 95-99, eff. 1-1-08.)
24 (110 ILCS 520/8) (from Ch. 144, par. 658)
25 Sec. 8. Powers and duties of the Board. The Board shall

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

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

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

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1 requested by appropriate State or local law enforcement
2 officials. However, such officers shall have no power to
3 serve and execute civil processes.
4 The Board must authorize to each member of the Southern
5 Illinois University Police Department and to any other
6 employee of the Southern Illinois University exercising
7 the powers of a peace officer a distinct badge that, on its
8 face, (i) clearly states that the badge is authorized by
9 the Southern Illinois University and (ii) contains a unique
10 identifying number. No other badge shall be authorized by
11 the Southern Illinois University.
12 10.5. To conduct health care programs in furtherance of
13 its teaching, research, and public service functions,
14 which shall include without limitation patient and
15 ancillary facilities, institutes, clinics, or offices
16 owned, leased, or purchased through an equity interest by
17 the Board or its appointed designee to carry out such
18 activities in the course of or in support of the Board's
19 academic, clinical, and public service responsibilities.
20 10.10. With respect to the Board of Trustees of
21 Southern Illinois University at Edwardsville, to
22 administer the School of Medicine, School of Dental
23 Medicine, School of Pharmacy, School of Nursing, and the
24 East St. Louis Center.
25 11. With respect to the Board of Trustees of Southern
26 Illinois University at Edwardsville, to To administer a

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1 plan or plans established by the clinical faculty of the
2 School of Medicine or the School of Dental Medicine for the
3 billing, collection and disbursement of charges for
4 services performed in the course of or in support of the
5 faculty's academic responsibilities, provided that such
6 plan has been first approved by Board action. All such
7 collections shall be deposited into a special fund or funds
8 administered by the Board from which disbursements may be
9 made according to the provisions of said plan. The
10 reasonable costs incurred, by the University,
11 administering the billing, collection and disbursement
12 provisions of a plan shall have first priority for payment
13 before distribution or disbursement for any other purpose.
14 Audited financial statements of the plan or plans must be
15 provided to the Legislative Audit Commission annually.
16 The Board of Trustees may own, operate, or govern, by
17 or through the School of Medicine, a managed care community
18 network established under subsection (b) of Section 5-11 of
19 the Illinois Public Aid Code.
20 12. The Board of Trustees may, directly or in
21 cooperation with other institutions of higher education,
22 acquire by purchase or lease or otherwise, and construct,
23 enlarge, improve, equip, complete, operate, control and
24 manage medical research and high technology parks,
25 together with the necessary lands, buildings, facilities,
26 equipment, and personal property therefor, to encourage

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

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

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

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

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1 For the purposes of this item 13, "financial
2 institution" means any bank subject to the Illinois Banking
3 Act, any savings and loan association subject to the
4 Illinois Savings and Loan Act of 1985, and any federally
5 chartered commercial bank or savings and loan association
6 or government-sponsored enterprise organized and operated
7 in this State pursuant to the laws of the United States.
8 The powers of the Board as herein designated are subject to
9the Board of Higher Education Act.
10(Source: P.A. 100-400, eff. 8-25-17.)
11 (110 ILCS 520/8a) (from Ch. 144, par. 658a)
12 Sec. 8a. (1) The Board shall provide each member of the
13Southern Illinois University Police Department without cost to
14him public liability insurance covering him for any liability
15which arises out of his employment to the extent of the
16insurance policy limits which shall be not less than $50,000.
17 (2) The Board shall have power to insure the Board, the
18University and its branches universities under Board
19jurisdiction, Board members, paid and unpaid employees of the
20Board, and any students, volunteer workers, visiting faculty
21and professionals who are agents of the Board in the
22performance or delivery of its programs or services against
23claims, damages, losses, expenses and civil suits arising out
24of statements, acts or omissions in the discharge of their
25duties, which statements, acts or omissions do not involve

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1intentional or willful and wanton misconduct on the part of
2such persons; and to insure against losses to real and personal
3property owned by the Board or in the actual or constructive
4custody of the Board and for loss of income from such real and
5personal property. The Board shall have power to defend, hold
6harmless and indemnify, in whole or in part, all persons as to
7whom any such insurance is provided. Pursuant to its power to
8insure, the Board may establish and accumulate reserves for
9payment of such claims, damages, losses, expenses and civil
10suit awards or obtain insurance affording coverage for such
11matters. Reserves established by the Board for the foregoing
12purpose shall be subject to the following conditions:
13 (a) The amount of such reserves shall not exceed the amount
14necessary and proper, based on past experience or independent
15actuarial determinations;
16 (b) All earnings derived from such reserves shall be
17considered part of the reserves and may be used only for the
18same purposes for which the reserves may be used;
19 (c) Reserves may be used only for the purposes of making
20payments for civil suits, claims, damages, losses and expenses,
21including attorneys fees, claims investigation costs and
22actuarial studies associated with liabilities arising out of
23statements, acts or omissions of individuals in the discharge
24of their duties, which statements, acts or omissions do not
25involve intentional or willful and wanton misconduct on the
26part of such individuals, for payment of insurance premiums,

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1and for the purposes of making payments for losses resulting
2from any insured peril;
3 (d) All funds collected for the purposes specified in
4paragraph (c) or earmarked for such purposes must be placed in
5the reserves;
6 (e) Whenever the reserves have a balance in excess of what
7is necessary and proper, then contributions, charges,
8assessments or other forms of funding for the reserves shall be
9appropriately decreased.
10 (3) As to all claims, damages, losses, expenses and civil
11suits covered by insurance provided by the Board or as to which
12the Board has not provided insurance, to the extent permitted
13by law, sovereign immunity shall apply and recourse shall be
14limited to the Court of Claims.
15 (4) When permitted by law to enter into an agreement with
16any unit of government, institution of higher education,
17person, or corporation for the use of property or the
18performance of any function, service or act, the Board may
19agree to the sharing or allocation of liabilities and damages
20resulting from such use of property or performance of any
21function, service or act. Such agreement may provide for
22contribution or indemnification by any or all of the parties to
23the agreement upon any liability arising out of the performance
24of the agreement.
25(Source: P.A. 84-1126.)

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1 (110 ILCS 520/8b) (from Ch. 144, par. 658b)
2 Sec. 8b. (a) If the Board has provided access to any of the
3campuses under its jurisdiction to persons or groups whose
4purpose is to make students aware of educational or
5occupational options, the board shall provide, on an equal
6basis, access to the official recruiting representatives of the
7armed forces of Illinois and the United States for the purpose
8of informing students of educational and career opportunities
9available to them in the military. The board is not required to
10give greater notice regarding the right of access to recruiting
11representatives than is given to other persons and groups.
12 (b) The Board shall not bar or exclude from the curriculum,
13campus, or school facilities of the Southern Illinois
14University any armed forces training program or organization
15operated under the authority of the United States government
16because the program or organization complies with rules,
17regulations, or policies of the United States government or any
18agency, branch, or department thereof.
19(Source: P.A. 87-788.)
20 (110 ILCS 520/8c) (from Ch. 144, par. 658c)
21 Sec. 8c. The Board of Trustees of Southern Illinois
22University shall establish a program to assess the oral English
23language proficiency of all persons providing classroom
24instruction to students at each campus under the jurisdiction,
25governance or supervision of the Board, and shall ensure that

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1each person who is not orally proficient in the English
2language attain such proficiency prior to providing any
3classroom instruction to students. The program required by this
4Section shall be fully implemented to ensure the oral English
5language proficiency of all classroom instructors at each
6campus under the jurisdiction, governance or supervision of the
7Board by the beginning of the 1987-88 academic year. Any other
8provisions of this Section to the contrary notwithstanding,
9nothing in this Section shall be deemed or construed to apply
10to, or to require such oral English language proficiency of any
11person who provides classroom instruction to students in
12foreign language courses only.
13(Source: P.A. 84-1434.)
14 (110 ILCS 520/8e) (from Ch. 144, par. 658e)
15 Sec. 8e. Admissions.
16 (a) No Commencing in the fall of 1993, no new student shall
17then or thereafter be admitted to instruction in any of the
18departments or colleges of the University unless such student
19also has satisfactorily completed:
20 (1) at least 15 units of high school coursework from
21 the following 5 categories:
22 (A) 4 years of English (emphasizing written and
23 oral communications and literature), of which up to 2
24 years may be collegiate level instruction;
25 (B) 3 years of social studies (emphasizing history

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1 and government);
2 (C) 3 years of mathematics (introductory through
3 advanced algebra, geometry, trigonometry, or
4 fundamentals of computer programming);
5 (D) 3 years of science (laboratory sciences); and
6 (E) 2 years of electives in foreign language (which
7 may be deemed to include American Sign Language),
8 music, vocational education or art;
9 (2) except that institutions may admit individual
10 applicants if the institution determines through
11 assessment or through evaluation based on learning
12 outcomes of the coursework taken, including vocational
13 education courses and courses taken in a charter school
14 established under Article 27A of the School Code, that the
15 applicant demonstrates knowledge and skills substantially
16 equivalent to the knowledge and skills expected to be
17 acquired in the high school courses required for admission.
18 The Board of Trustees of Southern Illinois University shall
19 not discriminate in the University's admissions process
20 against an applicant for admission because of the
21 applicant's enrollment in a charter school established
22 under Article 27A of the School Code. Institutions may also
23 admit 1) applicants who did not have an opportunity to
24 complete the minimum college preparatory curriculum in
25 high school, and 2) educationally disadvantaged applicants
26 who are admitted to the formal organized special assistance

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1 programs that are tailored to the needs of such students,
2 providing that in either case, the institution
3 incorporates in the applicant's baccalaureate curriculum
4 courses or other academic activities that compensate for
5 course deficiencies; and
6 (3) except that up to 3 of 15 units of coursework
7 required by paragraph (1) of this subsection may be
8 distributed by deducting no more than one unit each from
9 the categories of social studies, mathematics, sciences
10 and electives and completing those 3 units in any of the 5
11 categories of coursework described in paragraph (1).
12 (b) When allocating funds, local boards of education shall
13recognize their obligation to their students to offer the
14coursework required by subsection (a).
15 (c) A student who has graduated from high school and has
16scored within the University's accepted range on the ACT or SAT
17shall not be required to take a high school equivalency test as
18a prerequisite to admission.
19 (d) The Board shall establish an admissions process in
20which honorably discharged veterans are permitted to submit an
21application for admission to the University as a freshman
22student enrolling in the spring semester if the veteran was on
23active duty during the fall semester. The University may
24request that the Department of Veterans' Affairs confirm the
25status of an applicant as an honorably discharged veteran who
26was on active duty during the fall semester.

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1(Source: P.A. 98-718, eff. 1-1-15; 99-806, eff. 8-15-16.)
2 (110 ILCS 520/8f) (from Ch. 144, par. 658f)
3 Sec. 8f. Partial tuition waivers.
4 (a) As used in this Section, "Illinois college or
5university" means any of the following: the University of
6Illinois, Southern Illinois University at Carbondale, Southern
7Illinois University at Edwardsville, Chicago State University,
8Eastern Illinois University, Governors State University,
9Illinois State University, Northeastern Illinois University,
10Northern Illinois University, and Western Illinois University.
11 (b) Each year the Board of Trustees of Southern Illinois
12University shall offer 50% tuition waivers for undergraduate
13education at any campus under its governance or supervision to
14the children of employees of an Illinois college or university
15who have been employed by any one or by more than one Illinois
16college or university for an aggregate period of at least 7
17years. To be eligible to receive a partial tuition waiver, the
18child of an employee of an Illinois college or university (i)
19must be under the age of 25 at the commencement of the academic
20year during which the partial tuition waiver is to be
21effective, and (ii) must qualify for admission to the Southern
22Illinois University under the same admissions requirements,
23standards and policies which the Southern Illinois University
24applies to applicants for admission generally to its respective
25undergraduate colleges and programs.

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1 (c) Subject to the provisions and limitations of subsection
2(b), an eligible applicant who has continued to maintain
3satisfactory academic progress toward graduation may have his
4or her partial tuition waiver renewed until the time as he or
5she has expended 4 years of undergraduate partial tuition
6waiver benefits under this Section.
7 (d) No partial tuition waiver offered or allocated to any
8eligible applicant in accordance with the provisions of this
9Section shall be charged against any tuition waiver limitation
10established by the Illinois Board of Higher Education.
11 (e) The Board of Trustees shall prescribe rules and
12regulations as are necessary to implement and administer the
13provisions of this Section.
14(Source: P.A. 90-282, eff. 1-1-98.)
15 Section 235. The Southern Illinois University Revenue Bond
16Act is amended by changing the title and Section 2 as follows:
17 (110 ILCS 525/Act title)
18An Act to authorize the Board of Trustees of Southern
19Illinois University at Carbondale and the Board of Trustees of
20Southern Illinois University at Edwardsville to acquire, own,
21operate and maintain projects as herein defined, to issue its
22bonds therefor, to refund its bonds heretofore and hereafter
23issued, and to provide for the payment and security of all
24bonds issued hereunder; and to define the powers and duties of

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1said Boards Board in reference thereto.
2 (110 ILCS 525/2) (from Ch. 144, par. 672)
3 Sec. 2. Definitions.
4 In this Act, unless the context otherwise requires:
5 1. "Board" means both the Board of Trustees of Southern
6Illinois University at Carbondale and the Board of Trustees of
7Southern Illinois University at Edwardsville, or their
8successors its successor.
9 2. "University" means both Southern Illinois University,
10located at Carbondale and Southern Illinois University at
11Edwardsville , Illinois, and their its branches.
12 3. "Federal Agency" means the United States of America, the
13President of the United States of America, the Housing and Home
14Finance Agency, or such other agency or agencies of the United
15States of America as may be designated or created to make loans
16or grants or both.
17 4. "Acquire" includes to purchase, erect, build,
18construct, reconstruct, complete, repair, replace, alter,
19extend, better, equip, develop, and improve a project,
20including the acquisition and clearing of a site or sites
21therefor.
22 5. "Project" means and includes student residence halls;
23apartments; staff housing facilities; dormitories; health,
24hospital or medical facilities; dining halls; student union
25buildings; field houses; stadiums; physical education

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1installations and facilities; auditoriums; facilities for
2student or staff services; any facility or building leased to
3the United States of America; heretofore, or as may be
4hereafter, acquired, and any other revenue producing building
5or buildings of such type and character for which the Board
6shall hereafter from time to time find a necessity exists and
7as may be required for the good and benefit of the University,
8with all equipment and appurtenant facilities, including
9off-street parking facilities; or any one or more than one, or
10all, of the foregoing, or any combination thereof, for the
11University.
12(Source: Laws 1965, p. 2913.)
13 Section 240. The Sewage and Water System Training Institute
14Act is amended by changing Sections 1 and 2 as follows:
15 (110 ILCS 530/1) (from Ch. 144, par. 691)
16 Sec. 1. The Board of Trustees of the Southern Illinois
17University at Carbondale shall establish a Sewage Treatment
18Plant Operators Training Institute and a Public Water Supply
19Operators Training Institute and shall designate the location
20within this State for and the number of times each year the
21programs provided for in this Act shall be offered.
22(Source: Laws 1967, p. 3465.)
23 (110 ILCS 530/2) (from Ch. 144, par. 692)

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1 Sec. 2. There is created the Sewage Treatment Operators
2Training Institute Committee composed of 3 sewage treatment
3operators designated by the Governor and 3 representatives of
4Southern Illinois University at Carbondale designated by the
5Board of Trustees thereof and a Public Water Supply Operators
6Training Institute Committee composed of 3 public water supply
7operators designated by the Governor and 3 representatives of
8Southern Illinois University at Carbondale designated by the
9Board of Trustees thereof. However, if in the discretion of the
10Board of Trustees of Southern Illinois University at Carbondale
11the purposes of this Act can best be served by one committee,
12such committee shall be composed of 6 members designated by the
13Governor, 3 of whom are sewage treatment operators and 3 of
14whom are public water supply operators, and 3 representatives
15of Southern Illinois University at Carbondale designated by the
16Board of Trustees thereof. Members of the Committee shall serve
17without compensation but shall be reimbursed for their actual
18expenses incurred in the performance of their duties. Members
19shall serve at the pleasure of the appointing authority
20designating them to Committee membership.
21(Source: P.A. 84-1308.)
22 Section 245. The Chicago State University Law is amended by
23changing Section 5-90 as follows:
24 (110 ILCS 660/5-90)

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1 Sec. 5-90. Partial tuition waivers.
2 (a) As used in this Section, "Illinois college or
3university" means any of the following: the University of
4Illinois, Southern Illinois University at Carbondale, Southern
5Illinois University at Edwardsville, Chicago State University,
6Eastern Illinois University, Governors State University,
7Illinois State University, Northeastern Illinois University,
8Northern Illinois University, and Western Illinois University.
9 (b) Each year the Board of Chicago State University shall
10offer 50% tuition waivers for undergraduate education at any
11campus under its governance to the children of employees of an
12Illinois college or university who have been employed by any
13one or by more than one Illinois college or university for an
14aggregate period of at least 7 years. To be eligible to receive
15a partial tuition waiver, the child of an employee of an
16Illinois college or university (i) must be under the age of 25
17at the commencement of the academic year during which the
18partial tuition waiver is to be effective, and (ii) must
19qualify for admission to Chicago State University under the
20same admissions requirements, standards and policies which
21Chicago State University applies to applicants for admission
22generally to its respective undergraduate colleges and
23programs.
24 (c) Subject to the provisions and limitations of subsection
25(b), an eligible applicant who has continued to maintain
26satisfactory academic progress toward graduation may have his

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1or her partial tuition waiver renewed until the time as he or
2she has expended 4 years of undergraduate partial tuition
3waiver benefits under this Section.
4 (d) No partial tuition waiver offered or allocated to any
5