Public Act 100-0400

SB0448 Enrolled LRB100 04890 MLM 14900 b

AN ACT concerning education.

Be it enacted by the People of the State of Illinois,

represented in the General Assembly:

Section 5. The Southern Illinois University Management Act

is amended by changing Section 8 as follows:

(110 ILCS 520/8) (from Ch. 144, par. 658)

Sec. 8. Powers and Duties of the Board. The Board shall

have power and it shall be its duty:

1. To make rules, regulations and by-laws, not

inconsistent with law, for the government and management of

Southern Illinois University and its branches.

2. To employ, and, for good cause, to remove a

president of Southern Illinois University, and all

necessary deans, professors, associate professors,

assistant professors, instructors, and other educational

and administrative assistants, and all other necessary

employees, and contract with them upon matters relating to

tenure, salaries and retirement benefits in accordance

with the State Universities Civil Service Act; the Board

shall, upon the written request of an employee of Southern

Illinois University, withhold from the compensation of

that employee any dues, payments or contributions payable

by such employee to any labor organization as defined in

the Illinois Educational Labor Relations Act. Under such

arrangement, an amount shall be withheld from each regular

payroll period which is equal to the pro rata share of the

annual dues plus any payments or contributions, and the

Board shall transmit such withholdings to the specified

labor organization within 10 working days from the time of

the withholding. Whenever the Board establishes a search

committee to fill the position of president of Southern

Illinois University, there shall be minority

representation, including women, on that search committee.

3. To prescribe the course of study to be followed, and

textbooks and apparatus to be used at Southern Illinois

University.

4. To issue upon the recommendation of the faculty,

diplomas to such persons as have satisfactorily completed

the required studies of Southern Illinois University, and

confer such professional and literary degrees as are

usually conferred by other institutions of like character

for similar or equivalent courses of study, or such as the

Board may deem appropriate.

5. To examine into the conditions, management, and

administration of Southern Illinois University, to provide

the requisite buildings, apparatus, equipment and

auxiliary enterprises, and to fix and collect

matriculation fees; tuition fees; fees for student

activities; fees for student facilities such as student

union buildings or field houses or stadium or other

recreational facilities; student welfare fees; laboratory

fees and similar fees for supplies and material.

6. To succeed to and to administer all trusts, trust

property, and gifts now or hereafter belonging or

pertaining to Southern Illinois University.

7. To accept endowments of professorships or

departments in the University from any person who may

proffer them and, at regular meetings, to prescribe rules

and regulations in relation to endowments and declare on

what general principles they may be accepted.

8. To enter into contracts with the Federal government

for providing courses of instruction and other services at

Southern Illinois University for persons serving in or with

the military or naval forces of the United States, and to

provide such courses of instruction and other services.

9. To provide for the receipt and expenditures of

Federal funds, paid to the Southern Illinois University by

the Federal government for instruction and other services

for persons serving in or with the military or naval forces

of the United States and to provide for audits of such

funds.

10. To appoint, subject to the applicable civil service

law, persons to be members of the Southern Illinois

University Police Department. Members of the Police

Department shall be conservators of the peace and as such

have all powers possessed by policemen in cities, and

sheriffs, including the power to make arrests on view or

warrants of violations of state statutes, university rules

and regulations and city or county ordinances, except that

they may exercise such powers only within counties wherein

the university and any of its branches or properties are

located when such is required for the protection of

university properties and interests, and its students and

personnel, and otherwise, within such counties, when

requested by appropriate State or local law enforcement

officials. However, such officers shall have no power to

serve and execute civil processes.

The Board must authorize to each member of the Southern

Illinois University Police Department and to any other

employee of Southern Illinois University exercising the

powers of a peace officer a distinct badge that, on its

face, (i) clearly states that the badge is authorized by

Southern Illinois University and (ii) contains a unique

identifying number. No other badge shall be authorized by

Southern Illinois University.

10.5. To conduct health care programs in furtherance of

its teaching, research, and public service functions,

which shall include without limitation patient and

ancillary facilities, institutes, clinics, or offices

owned, leased, or purchased through an equity interest by

the Board or its appointed designee to carry out such

activities in the course of or in support of the Board's

academic, clinical, and public service responsibilities.

11. To administer a plan or plans established by the

clinical faculty of the School of Medicine or the School of

Dental Medicine for the billing, collection and

disbursement of charges for services performed in the

course of or in support of the faculty's academic

responsibilities, provided that such plan has been first

approved by Board action. All such collections shall be

deposited into a special fund or funds administered by the

Board from which disbursements may be made according to the

provisions of said plan. The reasonable costs incurred, by

the University, administering the billing, collection and

disbursement provisions of a plan shall have first priority

for payment before distribution or disbursement for any

other purpose. Audited financial statements of the plan or

plans must be provided to the Legislative Audit Commission

annually.

The Board of Trustees may own, operate, or govern, by

or through the School of Medicine, a managed care community

network established under subsection (b) of Section 5-11 of

the Illinois Public Aid Code.

12. The Board of Trustees may, directly or in

cooperation with other institutions of higher education,

acquire by purchase or lease or otherwise, and construct,

enlarge, improve, equip, complete, operate, control and

manage medical research and high technology parks,

together with the necessary lands, buildings, facilities,

equipment, and personal property therefor, to encourage

and facilitate (a) the location and development of business

and industry in the State of Illinois, and (b) the

increased application and development of technology and

(c) the improvement and development of the State's economy.

The Board of Trustees may lease to nonprofit corporations

all or any part of the land, buildings, facilities,

equipment or other property included in a medical research

and high technology park upon such terms and conditions as

the Board of Trustees may deem advisable and enter into any

contract or agreement with such nonprofit corporations as

may be necessary or suitable for the construction,

financing, operation and maintenance and management of any

such park; and may lease to any person, firm, partnership

or corporation, either public or private, any part or all

of the land, building, facilities, equipment or other

property of such park for such purposes and upon such

rentals, terms and conditions as the Board of Trustees may

deem advisable; and may finance all or part of the cost of

any such park, including the purchase, lease,

construction, reconstruction, improvement, remodeling,

addition to, and extension and maintenance of all or part

of such high technology park, and all equipment and

furnishings, by legislative appropriations, government

grants, contracts, private gifts, loans, receipts from the

operation of such high technology park, rentals and similar

receipts; and may make its other facilities and services

available to tenants or other occupants of any such park at

rates which are reasonable and appropriate.

13. To borrow money, as necessary, from time to time in

anticipation of receiving tuition, payments from the State

of Illinois, or other revenues or receipts of the

University, also known as anticipated moneys. The

borrowing limit shall be capped at 100% of the total amount

of payroll and other expense vouchers submitted and payable

to the University for fiscal year 2010 expenses, but unpaid

by the State Comptroller's office. Prior to borrowing any

funds, the University shall request from the Comptroller's

office a verification of the borrowing limit and shall

include the estimated date on which such borrowing shall

occur. The borrowing limit cap shall be verified by the

State Comptroller's office not prior to 45 days before any

estimated date for executing any promissory note or line of

credit established under this item 13. The principal amount

borrowed under a promissory note or line of credit shall

not exceed 75% of the borrowing limit. Within 15 days after

borrowing funds under any promissory note or line of credit

established under this item 13, the University shall submit

to the Governor's Office of Management and Budget, the

Speaker of the House of Representatives, the Minority

Leader of the House of Representatives, the President of

the Senate, and the Minority Leader of the Senate an

Emergency Short Term Cash Management Plan. The Emergency

Short Term Cash Management Plan shall outline the amount

borrowed, the terms for repayment, the amount of

outstanding State vouchers as verified by the State

Comptroller's office, and the University's plan for

expenditure of any borrowed funds, including, but not

limited to, a detailed plan to meet payroll obligations to

include collective bargaining employees, civil service

employees, and academic, research, and health care

personnel. The establishment of any promissory note or line

of credit established under this item 13 must be finalized

within 90 days after the effective date of this amendatory

Act of the 96th General Assembly. The borrowed moneys shall

be applied to the purposes of paying salaries and other

expenses lawfully authorized in the University's State

appropriation and unpaid by the State Comptroller. Any line

of credit established under this item 13 shall be paid in

full one year after creation or within 10 days after the

date the University receives reimbursement from the State

for all submitted fiscal year 2010 vouchers, whichever is

earlier. Any promissory note established under this item 13

shall be repaid within one year after issuance of the note.

The Chairman, Comptroller, or Treasurer of the Board shall

execute a promissory note or similar debt instrument to

evidence the indebtedness incurred by the borrowing. In

connection with a borrowing, the Board may establish a line

of credit with a financial institution, investment bank, or

broker/dealer. The obligation to make the payments due

under any promissory note or line of credit established

under this item 13 shall be a lawful obligation of the

University payable from the anticipated moneys. Any

borrowing under this item 13 shall not constitute a debt,

legal or moral, of the State and shall not be enforceable

against the State. The promissory note or line of credit

shall be authorized by a resolution passed by the Board and

shall be valid whether or not a budgeted item with respect

to that resolution is included in any annual or

supplemental budget adopted by the Board. The resolution

shall set forth facts demonstrating the need for the

borrowing, state an amount that the amount to be borrowed

will not exceed, and establish a maximum interest rate

limit not to exceed the maximum rate authorized by the Bond

Authorization Act or 9%, whichever is less. The resolution

may direct the Comptroller or Treasurer of the Board to

make arrangements to set apart and hold the portion of the

anticipated moneys, as received, that shall be used to

repay the borrowing, subject to any prior pledges or

restrictions with respect to the anticipated moneys. The

resolution may also authorize the Treasurer of the Board to

make partial repayments of the borrowing as the anticipated

moneys become available and may contain any other terms,

restrictions, or limitations not inconsistent with the

powers of the Board.

For the purposes of this item 13, "financial

institution" means any bank subject to the Illinois Banking

Act, any savings and loan association subject to the

Illinois Savings and Loan Act of 1985, and any federally

chartered commercial bank or savings and loan association

or government-sponsored enterprise organized and operated

in this State pursuant to the laws of the United States.

The powers of the Board as herein designated are subject to

the Board of Higher Education Act.

(Source: P.A. 96-909, eff. 6-8-10; 97-333, eff. 8-12-11.)

Section 99. Effective date. This Act takes effect upon

becoming law.