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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 Southern Illinois University Management Act 
5is amended by changing Section 8 as follows:

6 (110 ILCS 520/8) (from Ch. 144, par. 658)
7 Sec. 8. Powers and Duties of the Board. The Board shall 
8have power and
it shall be its duty:
9  1. To make rules, regulations and by-laws, not 
10 inconsistent with
law, for the government and management of 
11 Southern Illinois University
and its branches.
12  2. To employ, and, for good cause, to remove a 
13 president of Southern
Illinois University, and all 
14 necessary deans, professors, associate
professors, 
15 assistant professors, instructors, and other educational 
16 and
administrative assistants, and all other necessary 
17 employees, and
contract with them upon matters relating to 
18 tenure, salaries and
retirement benefits in accordance 
19 with the State Universities Civil Service
Act; the Board 
20 shall, upon the written request of an employee of Southern

21 Illinois University, withhold from the compensation of 
22 that employee any
dues, payments or contributions payable 
23 by such employee to any labor
organization as defined in 
 
 
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1 the Illinois Educational Labor Relations Act.
Under such 
2 arrangement, an amount shall be withheld from each regular

3 payroll period which is equal to the pro rata share of the 
4 annual dues plus
any payments or contributions, and the 
5 Board shall transmit such withholdings
to the specified 
6 labor organization within 10 working days from the time
of 
7 the withholding. Whenever the Board establishes a search 
8 committee to
fill the position of president of Southern 
9 Illinois University, there shall
be minority 
10 representation, including women, on that search committee.
11  3. To prescribe the course of study to be followed, and 
12 textbooks
and apparatus to be used at Southern Illinois 
13 University.
14  4. To issue upon the recommendation of the faculty, 
15 diplomas to such
persons as have satisfactorily completed 
16 the required studies of
Southern Illinois University, and 
17 confer such professional and literary
degrees as are 
18 usually conferred by other institutions of like character

19 for similar or equivalent courses of study, or such as the 
20 Board may
deem appropriate.
21  5. To examine into the conditions, management, and 
22 administration of
Southern Illinois University, to provide 
23 the requisite buildings,
apparatus, equipment and 
24 auxiliary enterprises, and to fix and collect

25 matriculation fees; tuition fees; fees for student 
26 activities; fees for
student facilities such as student 
 
 
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1 union buildings or field houses or
stadium or other 
2 recreational facilities; student welfare fees;
laboratory 
3 fees and similar fees for supplies and material.
4  6. To succeed to and to administer all trusts, trust 
5 property, and
gifts now or hereafter belonging or 
6 pertaining to Southern Illinois
University.
7  7. To accept endowments of professorships or 
8 departments in the
University from any person who may 
9 proffer them and, at regular
meetings, to prescribe rules 
10 and regulations in relation to endowments
and declare on 
11 what general principles they may be accepted.
12  8. To enter into contracts with the Federal government 
13 for providing
courses of instruction and other services at 
14 Southern Illinois
University for persons serving in or with 
15 the military or naval forces
of the United States, and to 
16 provide such courses of instruction and
other services.
17  9. To provide for the receipt and expenditures of 
18 Federal funds,
paid to the Southern Illinois University by 
19 the Federal government for
instruction and other services 
20 for persons serving in or with the
military or naval forces 
21 of the United States and to provide for audits
of such 
22 funds.
23  10. To appoint, subject to the applicable civil service 
24 law, persons
to be members of the Southern Illinois 
25 University Police Department.
Members of the Police 
26 Department shall be conservators of the peace and
as such 
 
 
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1 have all powers possessed by policemen in cities, and 
2 sheriffs,
including the power to make arrests on view or 
3 warrants of violations of
state statutes, university rules 
4 and regulations and city or county
ordinances, except that 
5 they may exercise such powers only within
counties wherein 
6 the university and any of its branches or properties
are 
7 located when such is required for the protection of 
8 university
properties and interests, and its students and 
9 personnel, and otherwise,
within such counties, when 
10 requested by appropriate State
or local law enforcement 
11 officials. However, such officers shall have no
power to 
12 serve and execute civil processes.
13  The Board must authorize to each member of the Southern 
14 Illinois University
Police
Department
and to any other 
15 employee of Southern Illinois University exercising the 
16 powers
of a peace officer
a distinct badge
that, on its 
17 face, (i) clearly states that the badge is authorized by 
18 Southern
Illinois
University and
(ii) contains a unique 
19 identifying number. No other badge shall be authorized
by 
20 Southern Illinois University.
21  10.5.
To conduct health care programs in furtherance of 
22 its teaching, research, and public service functions, 
23 which shall include without limitation patient and 
24 ancillary facilities, institutes, clinics, or offices 
25 owned, leased, or purchased through an equity interest by 
26 the Board or its appointed designee to carry out such 
 
 
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1 activities in the course of or in support of the Board's 
2 academic, clinical, and public service responsibilities.

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

6 increased application and development of technology and 
7 (c) the improvement
and development of the State's economy. 
8 The Board of Trustees may lease to
nonprofit corporations 
9 all or any part of the land, buildings, facilities,

10 equipment or other property included in a medical research 
11 and high
technology park upon such terms and conditions as 
12 the Board of Trustees may
deem advisable and enter into any 
13 contract or agreement with such nonprofit
corporations as 
14 may be necessary or suitable for the construction,

15 financing, operation and maintenance and management of any 
16 such park; and
may lease to any person, firm, partnership 
17 or corporation, either public or
private, any part or all 
18 of the land, building, facilities, equipment or
other 
19 property of such park for such purposes and upon such

20 rentals, terms and conditions as the Board of Trustees may 
21 deem advisable; and
may finance all or part of the cost of 
22 any such park, including the purchase,
lease, 
23 construction, reconstruction, improvement, remodeling, 
24 addition to,
and extension and maintenance of all or part 
25 of such high technology park,
and all equipment and 
26 furnishings, by legislative appropriations, government

 
 
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1 grants, contracts, private gifts, loans, receipts from the 
2 operation of
such high technology park, rentals and similar 
3 receipts; and may make its
other facilities and services 
4 available to tenants or other occupants of
any such park at 
5 rates which are reasonable and appropriate.
6  13. To borrow money, as necessary, from time to time in 
7 anticipation of receiving tuition, payments from the State 
8 of Illinois, or other revenues or receipts of the 
9 University, also known as anticipated moneys. The 
10 borrowing limit shall be capped at 100% of the total amount 
11 of payroll and other expense vouchers submitted and payable 
12 to the University for fiscal year 2010 expenses, but unpaid 
13 by the State Comptroller's office. Prior to borrowing any 
14 funds, the University shall request from the Comptroller's 
15 office a verification of the borrowing limit and shall 
16 include the estimated date on which such borrowing shall 
17 occur. The borrowing limit cap shall be verified by the 
18 State Comptroller's office not prior to 45 days before any 
19 estimated date for executing any promissory note or line of 
20 credit established under this item 13. The principal amount 
21 borrowed under a promissory note or line of credit shall 
22 not exceed 75% of the borrowing limit. Within 15 days after 
23 borrowing funds under any promissory note or line of credit 
24 established under this item 13, the University shall submit 
25 to the Governor's Office of Management and Budget, the 
26 Speaker of the House of Representatives, the Minority 
 
 
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1 Leader of the House of Representatives, the President of 
2 the Senate, and the Minority Leader of the Senate an 
3 Emergency Short Term Cash Management Plan. The Emergency 
4 Short Term Cash Management Plan shall outline the amount 
5 borrowed, the terms for repayment, the amount of 
6 outstanding State vouchers as verified by the State 
7 Comptroller's office, and the University's plan for 
8 expenditure of any borrowed funds, including, but not 
9 limited to, a detailed plan to meet payroll obligations to 
10 include collective bargaining employees, civil service 
11 employees, and academic, research, and health care 
12 personnel. The establishment of any promissory note or line 
13 of credit established under this item 13 must be finalized 
14 within 90 days after the effective date of this amendatory 
15 Act of the 96th General Assembly. The borrowed moneys shall 
16 be applied to the purposes of paying salaries and other 
17 expenses lawfully authorized in the University's State 
18 appropriation and unpaid by the State Comptroller. Any line 
19 of credit established under this item 13 shall be paid in 
20 full one year after creation or within 10 days after the 
21 date the University receives reimbursement from the State 
22 for all submitted fiscal year 2010 vouchers, whichever is 
23 earlier. Any promissory note established under this item 13 
24 shall be repaid within one year after issuance of the note. 
25 The Chairman, Comptroller, or Treasurer of the Board shall 
26 execute a promissory note or similar debt instrument to 
 
 
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1 evidence the indebtedness incurred by the borrowing. In 
2 connection with a borrowing, the Board may establish a line 
3 of credit with a financial institution, investment bank, or 
4 broker/dealer.
The obligation to make the payments due 
5 under any promissory note or line of credit established 
6 under this item 13 shall be a lawful obligation of the 
7 University payable from the anticipated moneys. Any 
8 borrowing under this item 13 shall not constitute a debt, 
9 legal or moral, of the State and shall not be enforceable 
10 against the State. The promissory note or line of credit 
11 shall be authorized by a resolution passed by the Board and 
12 shall be valid whether or not a budgeted item with respect 
13 to that resolution is included in any annual or 
14 supplemental budget adopted by the Board. The resolution 
15 shall set forth facts demonstrating the need for the 
16 borrowing, state an amount that the amount to be borrowed 
17 will not exceed, and establish a maximum interest rate 
18 limit not to exceed the maximum rate authorized by the Bond 
19 Authorization Act or 9%, whichever is less. The resolution 
20 may direct the Comptroller or Treasurer of the Board to 
21 make arrangements to set apart and hold the portion of the 
22 anticipated moneys, as received, that shall be used to 
23 repay the borrowing, subject to any prior pledges or 
24 restrictions with respect to the anticipated moneys. The 
25 resolution may also authorize the Treasurer of the Board to 
26 make partial repayments of the borrowing as the anticipated 
 
 
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1 moneys become available and may contain any other terms, 
2 restrictions, or limitations not inconsistent with the 
3 powers of the Board.
4  For the purposes of this item 13, "financial 
5 institution" means any bank subject to the Illinois Banking 
6 Act, any savings and loan association subject to the 
7 Illinois Savings and Loan Act of 1985, and any federally 
8 chartered commercial bank or savings and loan association 
9 or government-sponsored enterprise organized and operated 
10 in this State pursuant to the laws of the United States.
11 The powers of the Board as herein designated are subject to 
12the Board
of Higher Education Act.
13(Source: P.A. 96-909, eff. 6-8-10; 97-333, eff. 8-12-11.)


14 Section 99. Effective date. This Act takes effect upon 
15becoming law.