Bill Text: IL SB0642 | 2009-2010 | 96th General Assembly | Enrolled

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Bill Title: Amends the Southern Illinois University Management Act. Makes a technical change in a Section concerning creation of the Board of Trustees.

Sponsorship: Bipartisan Bill

Status: (Passed) 2010-06-08 - Public Act . . . . . . . . . 96-0909 [SB0642 Detail]

Download: Illinois-2009-SB0642-Enrolled.html

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AN ACT concerning education.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The University of Illinois Act is amended by
changing Section 7 as follows:
(110 ILCS 305/7) (from Ch. 144, par. 28)
Sec. 7. Powers of trustees.
(a) The trustees shall have power to provide for the
requisite buildings, apparatus, and conveniences; to fix the
rates for tuition; to appoint such professors and instructors,
and to establish and provide for the management of such model
farms, model art, and other departments and professorships, as
may be required to teach, in the most thorough manner, such
branches of learning as are related to agriculture and the
mechanic arts, and military tactics, without excluding other
scientific and classical studies. The trustees shall, upon the
written request of an employee 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

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trustees shall transmit such withholdings to the specified
labor organization within 10 working days from the time of the
withholding. They may accept the endowments and voluntary
professorships or departments in the University, from any
person or persons or corporations who may offer the same, and,
at any regular meeting of the board, may prescribe rules and
regulations in relation to such endowments and declare on what
general principles they may be admitted: Provided, that such
special voluntary endowments or professorships shall not be
incompatible with the true design and scope of the act of
congress, or of this Act: Provided, that no student shall at
any time be allowed to remain in or about the University in
idleness, or without full mental or industrial occupation: And
provided further, that the trustees, in the exercise of any of
the powers conferred by this Act, shall not create any
liability or indebtedness in excess of the funds in the hands
of the treasurer of the University at the time of creating such
liability or indebtedness, and which may be specially and
properly applied to the payment of the same. Any lease to the
trustees of lands, buildings or facilities which will support
scientific research and development in such areas as high
technology, super computing, microelectronics, biotechnology,
robotics, physics and engineering shall be for a term not to
exceed 18 years, and may grant to the trustees the option to
purchase the lands, buildings or facilities. The lease shall
recite that it is subject to termination and cancellation in

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any year for which the General Assembly fails to make an
appropriation to pay the rent payable under the terms of the
lease.
Leases for the purposes described herein exceeding 5 years
shall have the approval of the Illinois Board of Higher
Education.
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
University of Illinois 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,

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building, facilities, equipment or other property of such park
for such purposes and upon such rentals, terms and conditions
as the University 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.
The Trustees shall have power (a) to purchase real property
and easements, and (b) to acquire real property and easements
in the manner provided by law for the exercise of the right of
eminent domain, and in the event negotiations for the
acquisition of real property or easements for making any
improvement which the Trustees are authorized to make shall
have proven unsuccessful and the Trustees shall have by
resolution adopted a schedule or plan of operation for the
execution of the project and therein made a finding that it is
necessary to take such property or easements immediately or at
some specified later date in order to comply with the schedule,
the Trustees may acquire such property or easements in the same
manner provided in Article 20 of the Eminent Domain Act

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(quick-take procedure).
The Board of Trustees also shall have power to agree with
the State's Attorney of the county in which any properties of
the Board are located to pay for services rendered by the
various taxing districts for the years 1944 through 1949 and to
pay annually for services rendered thereafter by such district
such sums as may be determined by the Board upon properties
used solely for income producing purposes, title to which is
held by said Board of Trustees, upon properties leased to
members of the staff of the University of Illinois, title to
which is held in trust for said Board of Trustees and upon
properties leased to for-profit entities the title to which
properties is held by the Board of Trustees. A certified copy
of any such agreement made with the State's Attorney shall be
filed with the County Clerk and such sums shall be distributed
to the respective taxing districts by the County Collector in
such proportions that each taxing district will receive
therefrom such proportion as the tax rate of such taxing
district bears to the total tax rate that would be levied
against such properties if they were not exempt from taxation
under the Property Tax Code.
The Board of Trustees of the University of Illinois,
subject to the applicable civil service law, may appoint
persons to be members of the University of Illinois Police
Department. Members of the Police Department shall be peace
officers and as such have all powers possessed by policemen in

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cities, and sheriffs, including the power to make arrests on
view or warrants of violations of state statutes and city or
county ordinances, except that they may exercise such powers
only in 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; provided, however, that such officer shall have no
power to serve and execute civil processes.
The Board of Trustees must authorize to each member of the
University of Illinois Police Department and to any other
employee of the University of Illinois exercising the powers of
a peace officer a distinct badge that, on its face, (i) clearly
states that the badge is authorized by the University of
Illinois and (ii) contains a unique identifying number. No
other badge shall be authorized by the University of Illinois.
Nothing in this paragraph prohibits the Board of Trustees from
issuing shields or other distinctive identification to
employees not exercising the powers of a peace officer if the
Board of Trustees determines that a shield or distinctive
identification is needed by the employee to carry out his or
her responsibilities.
The Board of Trustees may own, operate, or govern, by or
through the College of Medicine at Peoria, a managed care
community network established under subsection (b) of Section

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5-11 of the Illinois Public Aid Code.
The powers of the trustees as herein designated are subject
to the provisions of "An Act creating a Board of Higher
Education, defining its powers and duties, making an
appropriation therefor, and repealing an Act herein named",
approved August 22, 1961, as amended.
The Board of Trustees shall have the authority to adopt all
administrative rules which may be necessary for the effective
administration, enforcement and regulation of all matters for
which the Board has jurisdiction or responsibility.
(b) To assist in the provision of buildings and facilities
beneficial to, useful for, or supportive of University
purposes, the Board of Trustees of the University of Illinois
may exercise the following powers with regard to the area
located on or adjacent to the University of Illinois at Chicago
campus and bounded as follows: on the West by Morgan Street; on
the North by Roosevelt Road; on the East by Union Street; and
on the South by 16th Street, in the City of Chicago:
(1) Acquire any interests in land, buildings, or
facilities by purchase, including installments payable
over a period allowed by law, by lease over a term of such
duration as the Board of Trustees shall determine, or by
exercise of the power of eminent domain;
(2) Sub-lease or contract to purchase through
installments all or any portion of buildings or facilities
for such duration and on such terms as the Board of

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Trustees shall determine, including a term that exceeds 5
years, provided that each such lease or purchase contract
shall be and shall recite that it is subject to termination
and cancellation in any year for which the General Assembly
fails to make an appropriation to pay the rent or purchase
installments payable under the terms of such lease or
purchase contract; and
(3) Sell property without compliance with the State
Property Control Act and retain proceeds in the University
Treasury in a special, separate development fund account
which the Auditor General shall examine to assure
compliance with this Act.
Any buildings or facilities to be developed on the land shall
be buildings or facilities that, in the determination of the
Board of Trustees, in whole or in part: (i) are for use by the
University; or (ii) otherwise advance the interests of the
University, including, by way of example, residential
facilities for University staff and students and commercial
facilities which provide services needed by the University
community. Revenues from the development fund account may be
withdrawn by the University for the purpose of demolition and
the processes associated with demolition; routine land and
property acquisition; extension of utilities; streetscape
work; landscape work; surface and structure parking;
sidewalks, recreational paths, and street construction; and
lease and lease purchase arrangements and the professional

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services associated with the planning and development of the
area. Moneys from the development fund account used for any
other purpose must be deposited into and appropriated from the
General Revenue Fund. Buildings or facilities leased to an
entity or person other than the University shall not be subject
to any limitations applicable to a State supported college or
university under any law. All development on the land and all
use of any buildings or facilities shall be subject to the
control and approval of the Board of Trustees.
(c) The Board of Trustees shall have the power 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 at 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 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 subsection (c). The principal amount
borrowed under a promissory note or line of credit shall not
exceed 75% of the borrowing limit. Within 15 days after

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borrowing funds under any promissory note or line of credit
established under this subsection (c), 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
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 subsection (c) 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 subsection (c) 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 subsection (c) shall be repaid within

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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 subsection (c) shall be a lawful
obligation of the University payable from the anticipated
moneys. Any borrowing under this subsection (c) 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

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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 subsection (c), "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.
(Source: P.A. 93-423, eff. 8-5-03; 94-1055, eff. 1-1-07.)
Section 10. 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

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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

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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

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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

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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 for the billing,
collection and disbursement of charges for services
performed in the course of or in support of the faculty's
academic responsibilities, provided that such plan has
been first approved by Board action. All such collections
shall be deposited into a special fund or funds
administered by the Board from which disbursements may be
made according to the provisions of said plan. The
reasonable costs incurred, by the University,
administering the billing, collection and disbursement
provisions of a plan shall have first priority for payment
before distribution or disbursement for any other purpose.
Audited financial statements of the plan or plans must be
provided to the Legislative Audit Commission annually.
The Board of Trustees may own, operate, or govern, by

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

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

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credit established under this item 13. The principal amount
borrowed under a promissory note or line of credit shall
not exceed 75% of the borrowing limit. Within 15 days after
borrowing funds under any promissory note or line of credit
established under this item 13, the University shall submit
to the Governor's Office of Management and Budget, the
Speaker of the House of Representatives, the Minority
Leader of the House of Representatives, the President of
the Senate, and 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

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

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may direct the Comptroller or Treasurer of the Board to
make arrangements to set apart and hold the portion of the
anticipated moneys, as received, that shall be used to
repay the borrowing, subject to any prior pledges or
restrictions with respect to the anticipated moneys. The
resolution may also authorize the Treasurer of the Board to
make partial repayments of the borrowing as the anticipated
moneys become available and may contain any other terms,
restrictions, or limitations not inconsistent with the
powers of the Board.
For the purposes of this item 13, "financial
institution" means any bank subject to the Illinois Banking
Act, any savings and loan association subject to the
Illinois Savings and Loan Act of 1985, and any federally
chartered commercial bank or savings and loan association
or government-sponsored enterprise organized and operated
in this State pursuant to the laws of the United States.
The powers of the Board as herein designated are subject to
the Board of Higher Education Act.
(Source: P.A. 95-158, eff. 8-14-07; 95-876, eff. 8-21-08.)
Section 15. The Chicago State University Law is amended by
changing Section 5-45 as follows:
(110 ILCS 660/5-45)
Sec. 5-45. Powers and duties. The Board also shall have

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power and it shall be its duty:
(1) To make rules, regulations and bylaws, not inconsistent
with law, for the government and management of Chicago State
University and its branches;
(2) To employ, and, for good cause, to remove a President
of Chicago State University, and all necessary deans,
professors, associate professors, assistant professors,
instructors, other educational and administrative assistants,
and all other necessary employees, and to prescribe their
duties and contract with them upon matters relating to tenure,
salaries and retirement benefits in accordance with the State
Universities Civil Service Act. Whenever the Board establishes
a search committee to fill the position of President of Chicago
State University, there shall be minority representation,
including women, on that search committee. The Board shall,
upon the written request of an employee of Chicago State
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;
(3) To prescribe the courses of study to be followed, and

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textbooks and apparatus to be used at Chicago State University;
(4) To issue upon the recommendation of the faculty,
diplomas to such persons as have satisfactorily completed the
required studies of Chicago State 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 Chicago State University, to provide the
requisite buildings, apparatus, equipment and auxiliary
enterprises, and to fix and collect matriculation fees; tuition
fees; fees for student activities; fees for student facilities
such as student union buildings or field houses or stadia or
other recreational facilities; student welfare fees;
laboratory fees; and similar fees for supplies and materials.
The expense of the building, improving, repairing and supplying
fuel and furniture and the necessary appliances and apparatus
for conducting Chicago State University, the reimbursed
expenses of members of the Board, and the salaries or
compensation of the President, assistants, agents and other
employees of Chicago State University, shall be a charge upon
the State Treasury. All other expenses shall be chargeable
against students, and the Board shall regulate the charges
accordingly;
(6) To succeed to and to administer all trusts, trust
property, and gifts now or hereafter belonging or pertaining to

SB0642 Enrolled - 24 - LRB096 06697 NHT 16781 b
Chicago State University;
(7) To accept endowments of professorships or departments
in Chicago State 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 Chicago
State 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 contract with respect to the Cooperative Computer
Center to obtain services related to electronic data
processing;
(10) To provide for the receipt and expenditures of Federal
funds paid to Chicago State 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;
(11) To appoint, subject to the applicable civil service
law, persons to be members of the Chicago State 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

SB0642 Enrolled - 25 - LRB096 06697 NHT 16781 b
ordinances, except that they may exercise such powers only
within counties wherein Chicago State 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 Chicago
State University Police Department and to any other employee of
Chicago State University exercising the powers of a peace
officer a distinct badge that, on its face, (i) clearly states
that the badge is authorized by Chicago State University and
(ii) contains a unique identifying number on its face. No other
badge shall be authorized by Chicago State University;
(12) The Board may, directly or in cooperation with other
institutions of higher education, acquire by purchase or lease
or otherwise, and construct, enlarge, improve, equip,
complete, operate, control and manage research and high
technology parks, together with the necessary lands,
buildings, facilities, equipment, and personal property
therefor, to encourage and facilitate (i) the location and
development of business and industry in the State of Illinois,
and (ii) the increased application and development of
technology, and (iii) the improvement and development of the
State's economy. The Board may lease to nonprofit corporations

SB0642 Enrolled - 26 - LRB096 06697 NHT 16781 b
all or any part of the land, buildings, facilities, equipment
or other property included in a research and high technology
park upon such terms and conditions as the Board may deem
advisable and enter into any contract or agreement with such
nonprofit corporations as may be necessary or suitable for the
construction, financing, operation and maintenance and
management of any such park; and may lease to any person, firm,
partnership or corporation, either public or private, any part
or all of the land, building, facilities, equipment or other
property of such park for such purposes and upon such rentals,
terms and conditions as the Board may deem advisable; and may
finance all or part of the cost of any such park, including the
purchase, lease, construction, reconstruction, improvement,
remodeling, addition to, and extension and maintenance of all
or part of such high technology park, and all equipment and
furnishings, by legislative appropriations, government grants,
contracts, private gifts, loans, receipts from the operation of
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

SB0642 Enrolled - 27 - LRB096 06697 NHT 16781 b
vouchers submitted and payable to the University for fiscal
year 2010 expenses, but unpaid at 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 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
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

SB0642 Enrolled - 28 - LRB096 06697 NHT 16781 b
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

SB0642 Enrolled - 29 - LRB096 06697 NHT 16781 b
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.
(Source: P.A. 91-883, eff. 1-1-01.)
Section 20. The Eastern Illinois University Law is amended
by changing Section 10-45 as follows:

SB0642 Enrolled - 30 - LRB096 06697 NHT 16781 b
(110 ILCS 665/10-45)
Sec. 10-45. Powers and duties.
(a) The Board also shall have power and it shall be its
duty:
(1) To make rules, regulations and bylaws, not
inconsistent with law, for the government and management of
Eastern Illinois University and its branches.
(2) To employ, and, for good cause, to remove a
President of Eastern Illinois University, and all
necessary deans, professors, associate professors,
assistant professors, instructors, other educational and
administrative assistants, and all other necessary
employees, and to prescribe their duties and contract with
them upon matters relating to tenure, salaries and
retirement benefits in accordance with the State
Universities Civil Service Act. Whenever the Board
establishes a search committee to fill the position of
President of Eastern Illinois University, there shall be
minority representation, including women, on that search
committee. The Board shall, upon the written request of an
employee of Eastern 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

SB0642 Enrolled - 31 - LRB096 06697 NHT 16781 b
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.
(3) To prescribe the courses of study to be followed,
and textbooks and apparatus to be used at Eastern Illinois
University.
(4) To issue upon the recommendation of the faculty,
diplomas to such persons as have satisfactorily completed
the required studies of Eastern 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 Eastern Illinois University, to provide
the requisite buildings, apparatus, equipment and
auxiliary enterprises, and to fix and collect
matriculation fees; tuition fees; fees for student
activities; fees for student facilities such as student
union buildings or field houses or stadia or other
recreational facilities; student welfare fees; laboratory
fees; and similar fees for supplies and materials. The
expense of the building, improving, repairing and
supplying fuel and furniture and the necessary appliances

SB0642 Enrolled - 32 - LRB096 06697 NHT 16781 b
and apparatus for conducting Eastern Illinois University,
the reimbursed expenses of members of the Board, and the
salaries or compensation of the President, assistants,
agents and other employees of Eastern Illinois University,
shall be a charge upon the State Treasury. All other
expenses shall be chargeable against students, and the
Board shall regulate the charges accordingly.
(6) To succeed to and to administer all trusts, trust
property, and gifts now or hereafter belonging or
pertaining to Eastern Illinois University.
(7) To accept endowments of professorships or
departments in Eastern Illinois University from any person
who may proffer them and, at regular meetings, to prescribe
rules and regulations in relation to endowments and declare
on what general principles they may be accepted.
(8) To enter into contracts with the Federal government
for providing courses of instruction and other services at
Eastern 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 contract with respect to the Cooperative
Computer Center to obtain services related to electronic
data processing.
(10) To provide for the receipt and expenditures of
Federal funds paid to Eastern Illinois University by the
Federal government for instruction and other services for

SB0642 Enrolled - 33 - LRB096 06697 NHT 16781 b
persons serving in or with the military or naval forces of
the United States, and to provide for audits of such funds.
(11) To appoint, subject to the applicable civil
service law, persons to be members of the Eastern 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
Eastern Illinois University and any of its branches or
properties are located when such is required for the
protection of University properties and interests, and its
students and personnel, and otherwise, within such
counties, when requested by appropriate State or local law
enforcement officials. However, such officers shall have
no power to serve and execute civil processes.
The Board must authorize to each member of the Eastern
Illinois University Police Department and to any other
employee of Eastern 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
Eastern Illinois University and (ii) contains a unique
identifying number. No other badge shall be authorized by
Eastern Illinois University.

SB0642 Enrolled - 34 - LRB096 06697 NHT 16781 b
(12) 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
at 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 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 (12). 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 (12), 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 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

SB0642 Enrolled - 35 - LRB096 06697 NHT 16781 b
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 (12) 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 (12) 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 (12) 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

SB0642 Enrolled - 36 - LRB096 06697 NHT 16781 b
note or line of credit established under this item (12)
shall be a lawful obligation of the University payable from
the anticipated moneys. Any borrowing under this item (12)
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 (12), "financial

SB0642 Enrolled - 37 - LRB096 06697 NHT 16781 b
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.
(b) The Board may, directly or in cooperation with other
institutions of higher education, acquire by purchase or lease
or otherwise, and construct, enlarge, improve, equip,
complete, operate, control and manage research and high
technology parks, together with the necessary lands,
buildings, facilities, equipment, and personal property
therefor, to encourage and facilitate (i) the location and
development of business and industry in the State of Illinois,
and (ii) the increased application and development of
technology, and (iii) the improvement and development of the
State's economy. The Board may lease to nonprofit corporations
all or any part of the land, buildings, facilities, equipment
or other property included in a research and high technology
park upon such terms and conditions as the Board may deem
advisable and enter into any contract or agreement with such
nonprofit corporations as may be necessary or suitable for the
construction, financing, operation and maintenance and
management of any such park; and may lease to any person, firm,
partnership or corporation, either public or private, any part
or all of the land, building, facilities, equipment or other

SB0642 Enrolled - 38 - LRB096 06697 NHT 16781 b
property of such park for such purposes and upon such rentals,
terms and conditions as the Board may deem advisable; and may
finance all or part of the cost of any such park, including the
purchase, lease, construction, reconstruction, improvement,
remodeling, addition to, and extension and maintenance of all
or part of such high technology park, and all equipment and
furnishings, by legislative appropriations, government grants,
contracts, private gifts, loans, receipts from the operation of
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.
(c) The Board may sell the following described property
without compliance with the State Property Control Act and
retain the proceeds in the University treasury in a special,
separate development fund account that the Auditor General
shall examine to assure compliance with this Law:
Lots 511 and 512 in Heritage Woods V, Charleston, Coles
County, Illinois.
Revenues from the development fund account may be withdrawn by
the University for the purpose of upgrading the on-campus
formal reception facility. Moneys from the development fund
account used for any other purpose must be deposited into and
appropriated from the General Revenue Fund.
(Source: P.A. 91-251, eff. 7-22-99; 91-883, eff. 1-1-01.)

SB0642 Enrolled - 39 - LRB096 06697 NHT 16781 b
Section 25. The Governors State University Law is amended
by changing Section 15-45 as follows:
(110 ILCS 670/15-45)
Sec. 15-45. Powers and duties. The Board also shall have
power and it shall be its duty:
(1) To make rules, regulations and bylaws, not inconsistent
with law, for the government and management of Governors State
University and its branches;
(2) To employ, and, for good cause, to remove a President
of Governors State University, and all necessary deans,
professors, associate professors, assistant professors,
instructors, other educational and administrative assistants,
and all other necessary employees, and to prescribe their
duties and contract with them upon matters relating to tenure,
salaries and retirement benefits in accordance with the State
Universities Civil Service Act. Whenever the Board establishes
a search committee to fill the position of President of
Governors State University, there shall be minority
representation, including women, on that search committee. The
Board shall, upon the written request of an employee of
Governors State 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

SB0642 Enrolled - 40 - LRB096 06697 NHT 16781 b
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;
(3) To prescribe the courses of study to be followed, and
textbooks and apparatus to be used at Governors State
University;
(4) To issue upon the recommendation of the faculty,
diplomas to such persons as have satisfactorily completed the
required studies of Governors State 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 Governors State University, to provide the
requisite buildings, apparatus, equipment and auxiliary
enterprises, and to fix and collect matriculation fees; tuition
fees; fees for student activities; fees for student facilities
such as student union buildings or field houses or stadia or
other recreational facilities; student welfare fees;
laboratory fees; and similar fees for supplies and materials.
The expense of the building, improving, repairing and supplying
fuel and furniture and the necessary appliances and apparatus
for conducting Governors State University, the reimbursed
expenses of members of the Board, and the salaries or

SB0642 Enrolled - 41 - LRB096 06697 NHT 16781 b
compensation of the President, assistants, agents and other
employees of Governors State University, shall be a charge upon
the State Treasury. All other expenses shall be chargeable
against students, and the Board shall regulate the charges
accordingly;
(6) To succeed to and to administer all trusts, trust
property, and gifts now or hereafter belonging or pertaining to
Governors State University;
(7) To accept endowments of professorships or departments
in Governors State 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
Governors State 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 operate, maintain, and contract with respect to the
Cooperative Computer Center for its own purposes and to provide
services related to electronic data processing to other public
and private colleges and universities, to governmental
agencies, and to public or private not-for-profit agencies; and
to examine the conditions, management, and administration of
the Cooperative Computer Center;
(10) To provide for the receipt and expenditures of Federal

SB0642 Enrolled - 42 - LRB096 06697 NHT 16781 b
funds paid to Governors State 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;
(11) To appoint, subject to the applicable civil service
law, persons to be members of the Governors State 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 Governors State 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 Governors
State University Police Department and to any other employee of
Governors State University exercising the powers of a peace
officer a distinct badge that, on its face, (i) clearly states
that the badge is authorized by Governors State University and
(ii) contains a unique identifying number. No other badge shall
be authorized by Governors State University;

SB0642 Enrolled - 43 - LRB096 06697 NHT 16781 b
(12) The Board may, directly or in cooperation with other
institutions of higher education, acquire by purchase or lease
or otherwise, and construct, enlarge, improve, equip,
complete, operate, control and manage research and high
technology parks, together with the necessary lands,
buildings, facilities, equipment, and personal property
therefor, to encourage and facilitate (i) the location and
development of business and industry in the State of Illinois,
and (ii) the increased application and development of
technology, and (iii) the improvement and development of the
State's economy. The Board may lease to nonprofit corporations
all or any part of the land, buildings, facilities, equipment
or other property included in a research and high technology
park upon such terms and conditions as the Board may deem
advisable and enter into any contract or agreement with such
nonprofit corporations as may be necessary or suitable for the
construction, financing, operation and maintenance and
management of any such park; and may lease to any person, firm,
partnership or corporation, either public or private, any part
or all of the land, building, facilities, equipment or other
property of such park for such purposes and upon such rentals,
terms and conditions as the Board may deem advisable; and may
finance all or part of the cost of any such park, including the
purchase, lease, construction, reconstruction, improvement,
remodeling, addition to, and extension and maintenance of all
or part of such high technology park, and all equipment and

SB0642 Enrolled - 44 - LRB096 06697 NHT 16781 b
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 at 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 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

SB0642 Enrolled - 45 - LRB096 06697 NHT 16781 b
House of Representatives, the President of the Senate, and
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 for all
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
on such date as 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

SB0642 Enrolled - 46 - LRB096 06697 NHT 16781 b
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 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"

SB0642 Enrolled - 47 - LRB096 06697 NHT 16781 b
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.
(Source: P.A. 91-883, eff. 1-1-01.)
Section 30. The Illinois State University Law is amended by
changing Section 20-45 as follows:
(110 ILCS 675/20-45)
Sec. 20-45. Powers and duties. The Board also shall have
power and it shall be its duty:
(1) To make rules, regulations and bylaws, not inconsistent
with law, for the government and management of Illinois State
University and its branches;
(2) To employ, and, for good cause, to remove a President
of Illinois State University, and all necessary deans,
professors, associate professors, assistant professors,
instructors, other educational and administrative assistants,
and all other necessary employees, and to prescribe their
duties and contract with them upon matters relating to tenure,
salaries and retirement benefits in accordance with the State
Universities Civil Service Act. Whenever the Board establishes
a search committee to fill the position of President of

SB0642 Enrolled - 48 - LRB096 06697 NHT 16781 b
Illinois State University, there shall be minority
representation, including women, on that search committee. The
Board shall, upon the written request of an employee of
Illinois State 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;
(3) To prescribe the courses of study to be followed, and
textbooks and apparatus to be used at Illinois State
University;
(4) To issue upon the recommendation of the faculty,
diplomas to such persons as have satisfactorily completed the
required studies of Illinois State 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 Illinois State University, to provide the
requisite buildings, apparatus, equipment and auxiliary
enterprises, and to fix and collect matriculation fees; tuition

SB0642 Enrolled - 49 - LRB096 06697 NHT 16781 b
fees; fees for student activities; fees for student facilities
such as student union buildings or field houses or stadia or
other recreational facilities; student welfare fees;
laboratory fees; and similar fees for supplies and materials.
The expense of the building, improving, repairing and supplying
fuel and furniture and the necessary appliances and apparatus
for conducting Illinois State University, the reimbursed
expenses of members of the Board, and the salaries or
compensation of the President, assistants, agents and other
employees of Illinois State University, shall be a charge upon
the State Treasury. All other expenses shall be chargeable
against students, and the Board shall regulate the charges
accordingly;
(6) To succeed to and to administer all trusts, trust
property, and gifts now or hereafter belonging or pertaining to
Illinois State University;
(7) To accept endowments of professorships or departments
in Illinois State 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 Illinois
State 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;

SB0642 Enrolled - 50 - LRB096 06697 NHT 16781 b
(9) To contract with respect to the Cooperative Computer
Center to obtain services related to electronic data
processing;
(10) To provide for the receipt and expenditures of Federal
funds paid to Illinois State 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;
(11) To appoint, subject to the applicable civil service
law, persons to be members of the Illinois State 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 Illinois State 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 Illinois
State University Police Department and to any other employee of
Illinois State University exercising the powers of a peace

SB0642 Enrolled - 51 - LRB096 06697 NHT 16781 b
officer a distinct badge that, on its face, (i) clearly states
that the badge is authorized by Illinois State University and
(ii) contains a unique identifying number. No other badge shall
be authorized by Illinois State University;
(12) The Board may, directly or in cooperation with other
institutions of higher education, acquire by purchase or lease
or otherwise, and construct, enlarge, improve, equip,
complete, operate, control and manage research and high
technology parks, together with the necessary lands,
buildings, facilities, equipment, and personal property
therefor, to encourage and facilitate (i) the location and
development of business and industry in the State of Illinois,
and (ii) the increased application and development of
technology, and (iii) the improvement and development of the
State's economy. The Board may lease to nonprofit corporations
all or any part of the land, buildings, facilities, equipment
or other property included in a research and high technology
park upon such terms and conditions as the Board may deem
advisable and enter into any contract or agreement with such
nonprofit corporations as may be necessary or suitable for the
construction, financing, operation and maintenance and
management of any such park; and may lease to any person, firm,
partnership or corporation, either public or private, any part
or all of the land, building, facilities, equipment or other
property of such park for such purposes and upon such rentals,
terms and conditions as the Board may deem advisable; and may

SB0642 Enrolled - 52 - LRB096 06697 NHT 16781 b
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 assist in the provision of lands, buildings, and
facilities that are supportive of university purposes and
suitable and appropriate for the conduct and operation of the
university's education programs, the Board of Trustees of
Illinois State University may exercise the powers specified in
subparagraphs (a), (b), and (c) of this paragraph (13) with
regard to the following described property located near the
Normal, Illinois campus of Illinois State University:
Parcel 1: Approximately 300 acres that form a part of the
Illinois State University Farm in Section 20, Township 24
North, Range 2 East of the Third Principal Meridian in
McLean County, Illinois.
Parcels 2 and 3: Lands located in the Northeast Quadrant of
the City of Normal in McLean County, Illinois, one such
parcel consisting of approximately 150 acres located north
and east of the old Illinois Soldiers and Sailors

SB0642 Enrolled - 53 - LRB096 06697 NHT 16781 b
Children's School campus, and another such parcel, located
in the Northeast Quadrant of the old Soldiers and Sailors
Children's School Campus, consisting of approximately
1.03.
(a) The Board of Trustees may sell, lease, or otherwise
transfer and convey all or part of the above described
parcels of real estate, together with the improvements
situated thereon, to a bona fide purchaser for value,
without compliance with the State Property Control Act and
on such terms as the Board of Trustees shall determine are
in the best interests of Illinois State University and
consistent with its objects and purposes.
(b) The Board of Trustees may retain the proceeds from
the sale, lease, or other transfer of all or any part of
the above described parcels of real estate in the
University treasury, in a special, separate development
fund account that the Auditor General shall examine to
assure the use or deposit of those proceeds in a manner
consistent with the provisions of subparagraph (c) of this
paragraph (13).
(c) Moneys from the development fund account may be
used by the Board of Trustees of Illinois State University
to acquire and develop other land to achieve the same
purposes for which the parcels of real estate described in
this item (13), all or a part of which have been sold,
leased, or otherwise transferred and conveyed, were used

SB0642 Enrolled - 54 - LRB096 06697 NHT 16781 b
and for the purpose of demolition and the processes
associated with demolition on the acquired land. Moneys
from the development fund account used for any other
purpose must be deposited into and appropriated from the
General Revenue Fund. Buildings or facilities leased to an
entity or person other than the University shall not be
subject to any limitations applicable to a State-supported
college or university under any law. All development on the
land and all the use of any buildings or facilities shall
be subject to the control and approval of the Board of
Trustees of Illinois State University; .
(14) 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 at 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 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 (14). The principal
amount borrowed under a promissory note or line of credit shall

SB0642 Enrolled - 55 - LRB096 06697 NHT 16781 b
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 (14), 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
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 (14) 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 (14) 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

SB0642 Enrolled - 56 - LRB096 06697 NHT 16781 b
established under this item (14) 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 (14) shall be a lawful obligation
of the University payable from the anticipated moneys. Any
borrowing under this item (14) 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

SB0642 Enrolled - 57 - LRB096 06697 NHT 16781 b
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 (14), "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.
(Source: P.A. 91-396, eff. 7-30-99; 91-883, eff. 1-1-01.)
Section 33. The Northeastern Illinois University Law is
amended by changing Section 25-45 as follows:
(110 ILCS 680/25-45)
Sec. 25-45. Powers and duties. The Board also shall have
power and it shall be its duty:
(1) To make rules, regulations and bylaws, not inconsistent
with law, for the government and management of Northeastern
Illinois University and its branches;
(2) To employ, and, for good cause, to remove a President
of Northeastern Illinois University, and all necessary deans,
professors, associate professors, assistant professors,

SB0642 Enrolled - 58 - LRB096 06697 NHT 16781 b
instructors, other educational and administrative assistants,
and all other necessary employees, and to prescribe their
duties and contract with them upon matters relating to tenure,
salaries and retirement benefits in accordance with the State
Universities Civil Service Act. Whenever the Board establishes
a search committee to fill the position of President of
Northeastern Illinois University, there shall be minority
representation, including women, on that search committee. The
Board shall, upon the written request of an employee of
Northeastern 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;
(3) To prescribe the courses of study to be followed, and
textbooks and apparatus to be used at Northeastern Illinois
University;
(4) To issue upon the recommendation of the faculty,
diplomas to such persons as have satisfactorily completed the
required studies of Northeastern Illinois University, and
confer such professional and literary degrees as are usually

SB0642 Enrolled - 59 - LRB096 06697 NHT 16781 b
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 Northeastern Illinois University, to provide
the requisite buildings, apparatus, equipment and auxiliary
enterprises, and to fix and collect matriculation fees; tuition
fees; fees for student activities; fees for student facilities
such as student union buildings or field houses or stadia or
other recreational facilities; student welfare fees;
laboratory fees; and similar fees for supplies and materials.
The expense of the building, improving, repairing and supplying
fuel and furniture and the necessary appliances and apparatus
for conducting Northeastern Illinois University, the
reimbursed expenses of members of the Board, and the salaries
or compensation of the President, assistants, agents and other
employees of Northeastern Illinois University, shall be a
charge upon the State Treasury. All other expenses shall be
chargeable against students, and the Board shall regulate the
charges accordingly;
(6) To succeed to and to administer all trusts, trust
property, and gifts now or hereafter belonging or pertaining to
Northeastern Illinois University;
(7) To accept endowments of professorships or departments
in Northeastern Illinois University from any person who may
proffer them and, at regular meetings, to prescribe rules and

SB0642 Enrolled - 60 - LRB096 06697 NHT 16781 b
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
Northeastern 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 contract with respect to the Cooperative Computer
Center to obtain services related to electronic data
processing;
(10) To provide for the receipt and expenditures of Federal
funds paid to Northeastern 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;
(11) To appoint, subject to the applicable civil service
law, persons to be members of the Northeastern 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 Northeastern Illinois University
and any of its branches or properties are located when such is
required for the protection of University properties and

SB0642 Enrolled - 61 - LRB096 06697 NHT 16781 b
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 Northeastern
Illinois University Police Department and to any other employee
of Northeastern 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 Northeastern Illinois
University and (ii) contains a unique identifying number. No
other badge shall be authorized by Northeastern Illinois
University;
(12) The Board may, directly or in cooperation with other
institutions of higher education, acquire by purchase or lease
or otherwise, and construct, enlarge, improve, equip,
complete, operate, control and manage research and high
technology parks, together with the necessary lands,
buildings, facilities, equipment, and personal property
therefor, to encourage and facilitate (i) the location and
development of business and industry in the State of Illinois,
and (ii) the increased application and development of
technology, and (iii) the improvement and development of the
State's economy. The Board may lease to nonprofit corporations
all or any part of the land, buildings, facilities, equipment
or other property included in a research and high technology
park upon such terms and conditions as the Board may deem

SB0642 Enrolled - 62 - LRB096 06697 NHT 16781 b
advisable and enter into any contract or agreement with such
nonprofit corporations as may be necessary or suitable for the
construction, financing, operation and maintenance and
management of any such park; and may lease to any person, firm,
partnership or corporation, either public or private, any part
or all of the land, building, facilities, equipment or other
property of such park for such purposes and upon such rentals,
terms and conditions as the Board may deem advisable; and may
finance all or part of the cost of any such park, including the
purchase, lease, construction, reconstruction, improvement,
remodeling, addition to, and extension and maintenance of all
or part of such high technology park, and all equipment and
furnishings, by legislative appropriations, government grants,
contracts, private gifts, loans, receipts from the operation of
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 at the State Comptroller's
office. Prior to borrowing any funds, the University shall

SB0642 Enrolled - 63 - LRB096 06697 NHT 16781 b
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 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
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

SB0642 Enrolled - 64 - LRB096 06697 NHT 16781 b
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

SB0642 Enrolled - 65 - LRB096 06697 NHT 16781 b
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.
(Source: P.A. 91-883, eff. 1-1-01.)
Section 35. The Northern Illinois University Law is amended
by changing Section 30-45 as follows:
(110 ILCS 685/30-45)
Sec. 30-45. Powers and duties. The Board also shall have

SB0642 Enrolled - 66 - LRB096 06697 NHT 16781 b
power and it shall be its duty:
(1) To make rules, regulations and bylaws, not inconsistent
with law, for the government and management of Northern
Illinois University and its branches;
(2) To employ, and, for good cause, to remove a President
of Northern Illinois University, and all necessary deans,
professors, associate professors, assistant professors,
instructors, other educational and administrative assistants,
and all other necessary employees, and to prescribe their
duties and contract with them upon matters relating to tenure,
salaries and retirement benefits in accordance with the State
Universities Civil Service Act. Whenever the Board establishes
a search committee to fill the position of President of
Northern Illinois University, there shall be minority
representation, including women, on that search committee. The
Board shall, upon the written request of an employee of
Northern 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;

SB0642 Enrolled - 67 - LRB096 06697 NHT 16781 b
(3) To prescribe the courses of study to be followed, and
textbooks and apparatus to be used at Northern Illinois
University;
(4) To issue upon the recommendation of the faculty,
diplomas to such persons as have satisfactorily completed the
required studies of Northern 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 Northern Illinois University, to provide the
requisite buildings, apparatus, equipment and auxiliary
enterprises, and to fix and collect matriculation fees; tuition
fees; fees for student activities; fees for student facilities
such as student union buildings or field houses or stadia or
other recreational facilities; student welfare fees;
laboratory fees; and similar fees for supplies and materials.
The expense of the building, improving, repairing and supplying
fuel and furniture and the necessary appliances and apparatus
for conducting Northern Illinois University, the reimbursed
expenses of members of the Board, and the salaries or
compensation of the President, assistants, agents and other
employees of Northern Illinois University, shall be a charge
upon the State Treasury. All other expenses shall be chargeable
against students, and the Board shall regulate the charges

SB0642 Enrolled - 68 - LRB096 06697 NHT 16781 b
accordingly;
(6) To succeed to and to administer all trusts, trust
property, and gifts now or hereafter belonging or pertaining to
Northern Illinois University;
(7) To accept endowments of professorships or departments
in Northern Illinois University from any person who may proffer
them and, at regular meetings, to prescribe rules and
regulations in relation to endowments and declare on what
general principles they may be accepted;
(8) To enter into contracts with the Federal government for
providing courses of instruction and other services at Northern
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 contract with respect to the Cooperative Computer
Center to obtain services related to electronic data
processing;
(10) To provide for the receipt and expenditures of Federal
funds paid to Northern 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;
(11) To appoint, subject to the applicable civil service
law, persons to be members of the Northern Illinois University
Police Department. Members of the Police Department shall be
conservators of the peace and as such have all powers possessed

SB0642 Enrolled - 69 - LRB096 06697 NHT 16781 b
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 Northern Illinois University and any of
its branches or properties are located when such is required
for the protection of University properties and interests, and
its students and personnel, and otherwise, within such
counties, when requested by appropriate State or local law
enforcement officials. However, such officers shall have no
power to serve and execute civil processes.
The Board must authorize to each member of the Northern
Illinois University Police Department and to any other employee
of Northern 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 Northern Illinois
University and (ii) contains a unique identifying number. No
other badge shall be authorized by Northern Illinois
University;
(12) The Board may, directly or in cooperation with other
institutions of higher education, acquire by purchase or lease
or otherwise, and construct, enlarge, improve, equip,
complete, operate, control and manage research and high
technology parks, together with the necessary lands,
buildings, facilities, equipment, and personal property
therefor, to encourage and facilitate (i) the location and

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development of business and industry in the State of Illinois,
and (ii) the increased application and development of
technology, and (iii) the improvement and development of the
State's economy. The Board may lease to nonprofit corporations
all or any part of the land, buildings, facilities, equipment
or other property included in a research and high technology
park upon such terms and conditions as the Board may deem
advisable and enter into any contract or agreement with such
nonprofit corporations as may be necessary or suitable for the
construction, financing, operation and maintenance and
management of any such park; and may lease to any person, firm,
partnership or corporation, either public or private, any part
or all of the land, building, facilities, equipment or other
property of such park for such purposes and upon such rentals,
terms and conditions as the Board may deem advisable; and may
finance all or part of the cost of any such park, including the
purchase, lease, construction, reconstruction, improvement,
remodeling, addition to, and extension and maintenance of all
or part of such high technology park, and all equipment and
furnishings, by legislative appropriations, government grants,
contracts, private gifts, loans, receipts from the operation of
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 assist in the provision of buildings and facilities

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beneficial to, useful for, or supportive of university
purposes, the Board of Trustees of Northern Illinois University
may exercise the following powers with regard to the area
located on or adjacent to the Northern Illinois University
DeKalb campus and bounded as follows:
Parcel 1:
In Township 40 North, Range 4 East, of the Third Prime
Meridian, County of DeKalb, State of Illinois: The East
half of the Southeast Quarter of Section 17, the Southwest
Quarter of Section 16, and the Northwest Quarter of Section
21, all in the County of DeKalb, Illinois.
Parcel 2:
In Township 40 North, Range 4 East, of the Third Prime
Meridian, County of DeKalb, State of Illinois: On the
North, by a line beginning at the Northwest corner of the
Southeast Quarter of Section 15; thence East 1,903.3 feet;
thence South to the North line of the Southeast Quarter of
the Southeast Quarter of Section 15; thence East along said
line to North First Street; on the West by Garden Road
between Lucinda Avenue and the North boundary; thence on
the South by Lucinda Avenue between Garden Road and the
intersection of Lucinda Avenue and the South Branch of the
Kishwaukee River, and by the South Branch of the Kishwaukee
River between such intersection and easterly to the
intersection of such river and North First Street; thence
on the East by North First Street.

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(a) Acquire any interests in land, buildings, or
facilities by purchase, including installments payable
over a period allowed by law, by lease over a term of such
duration as the Board of Trustees shall determine, or by
exercise of the power of eminent domain;
(b) Sublease or contract to purchase through
installments all or any portion of buildings or facilities
for such duration and on such terms as the Board of
Trustees shall determine, including a term that exceeds 5
years, provided that each such lease or purchase contract
shall be and shall recite that it is subject to termination
and cancellation in any year for which the General Assembly
fails to make an appropriation to pay the rent or purchase
installments payable under the terms of such lease or
purchase contracts; and
(c) Sell property without compliance with the State
Property Control Act and retain proceeds in the University
treasury in a special, separate development fund account
which the Auditor General shall examine to assure
compliance with this Act.
Any buildings or facilities to be developed on the land
shall be buildings or facilities that, in the determination of
the Board of Trustees, in whole or in part: (i) are for use by
the University; or (ii) otherwise advance the interests of the
University, including, by way of example, residential,
recreational, educational, and athletic facilities for

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University staff and students and commercial facilities which
provide services needed by the University community. Revenues
from the development fund account may be withdrawn by the
University for the purpose of demolition and the processes
associated with demolition; routine land and property
acquisition; extension of utilities; streetscape work;
landscape work; surface and structure parking; sidewalks,
recreational paths, and street construction; and lease and
lease purchase arrangements and the professional services
associated with the planning and development of the area.
Moneys from the development fund account used for any other
purpose must be deposited into and appropriated from the
General Revenue Fund. Buildings or facilities leased to an
entity or person other than the University shall not be subject
to any limitations applicable to a State-supported college or
university under any law. All development on the land and all
the use of any buildings or facilities shall be subject to the
control and approval of the Board of Trustees of Northern
Illinois University.
(14) 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 at the State Comptroller's

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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 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 (14). 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 (14), 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
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 for all
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 (14) must be finalized within 90
days after the effective date of this amendatory Act of the

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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 (14) 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 (14) 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 (14) shall be a lawful obligation
of the University payable from the anticipated moneys. Any
borrowing under this item (14) 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

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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 (14), "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.
(Source: P.A. 90-284, eff. 1-1-98; 91-883, eff. 1-1-01.)
Section 40. The Western Illinois University Law is amended
by changing Section 35-45 as follows:
(110 ILCS 690/35-45)

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Sec. 35-45. Powers and duties. The Board also shall have
power and it shall be its duty:
(1) To make rules, regulations and bylaws, not inconsistent
with law, for the government and management of Western Illinois
University and its branches;
(2) To employ, and, for good cause, to remove a President
of Western Illinois University, and all necessary deans,
professors, associate professors, assistant professors,
instructors, other educational and administrative assistants,
and all other necessary employees, and to prescribe their
duties and contract with them upon matters relating to tenure,
salaries and retirement benefits in accordance with the State
Universities Civil Service Act. Whenever the Board establishes
a search committee to fill the position of President of Western
Illinois University, there shall be minority representation,
including women, on that search committee. The Board shall,
upon the written request of an employee of Western Illinois
University, withhold from the compensation of that employee any
dues, payments or contributions payable by such employee to any
labor organization as defined in the Illinois Educational Labor
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;

SB0642 Enrolled - 78 - LRB096 06697 NHT 16781 b
(3) To prescribe the courses of study to be followed, and
textbooks and apparatus to be used at Western Illinois
University;
(4) To issue upon the recommendation of the faculty,
diplomas to such persons as have satisfactorily completed the
required studies of Western Illinois University, and confer
such professional and literary degrees as are usually conferred
by other institutions of like character for similar or
equivalent courses of study, or such as the Board may deem
appropriate;
(5) To examine into the conditions, management, and
administration of Western Illinois University, to provide the
requisite buildings, apparatus, equipment and auxiliary
enterprises, and to fix and collect matriculation fees; tuition
fees; fees for student activities; fees for student facilities
such as student union buildings or field houses or stadia or
other recreational facilities; student welfare fees;
laboratory fees; and similar fees for supplies and materials.
The expense of the building, improving, repairing and supplying
fuel and furniture and the necessary appliances and apparatus
for conducting Western Illinois University, the reimbursed
expenses of members of the Board, and the salaries or
compensation of the President, assistants, agents and other
employees of Western Illinois University, shall be a charge
upon the State Treasury. All other expenses shall be chargeable
against students, and the Board shall regulate the charges

SB0642 Enrolled - 79 - LRB096 06697 NHT 16781 b
accordingly;
(6) To succeed to and to administer all trusts, trust
property, and gifts now or hereafter belonging or pertaining to
Western Illinois University;
(7) To accept endowments of professorships or departments
in Western Illinois University from any person who may proffer
them and, at regular meetings, to prescribe rules and
regulations in relation to endowments and declare on what
general principles they may be accepted;
(8) To enter into contracts with the Federal government for
providing courses of instruction and other services at Western
Illinois University for persons serving in or with the military
or naval forces of the United States, and to provide such
courses of instruction and other services;
(9) To contract with respect to the Cooperative Computer
Center to obtain services related to electronic data
processing;
(10) To provide for the receipt and expenditures of Federal
funds paid to Western Illinois University by the Federal
government for instruction and other services for persons
serving in or with the military or naval forces of the United
States, and to provide for audits of such funds;
(11) To appoint, subject to the applicable civil service
law, persons to be members of the Western Illinois University
Police Department. Members of the Police Department shall be
conservators of the peace and as such have all powers possessed

SB0642 Enrolled - 80 - LRB096 06697 NHT 16781 b
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 Western Illinois University and any of
its branches or properties are located when such is required
for the protection of University properties and interests, and
its students and personnel, and otherwise, within such
counties, when requested by appropriate State or local law
enforcement officials. However, such officers shall have no
power to serve and execute civil processes.
The Board must authorize to each member of the Western
Illinois University Police Department and to any other employee
of Western Illinois University exercising the powers of a peace
officer a distinct badge that, on its face, (i) clearly states
that the badge is authorized by Western Illinois University and
(ii) contains a unique identifying number. No other badge shall
be authorized by Western Illinois University;
(12) The Board may, directly or in cooperation with other
institutions of higher education, acquire by purchase or lease
or otherwise, and construct, enlarge, improve, equip,
complete, operate, control and manage research and high
technology parks, together with the necessary lands,
buildings, facilities, equipment, and personal property
therefor, to encourage and facilitate (i) the location and
development of business and industry in the State of Illinois,

SB0642 Enrolled - 81 - LRB096 06697 NHT 16781 b
and (ii) the increased application and development of
technology, and (iii) the improvement and development of the
State's economy. The Board may lease to nonprofit corporations
all or any part of the land, buildings, facilities, equipment
or other property included in a research and high technology
park upon such terms and conditions as the Board may deem
advisable and enter into any contract or agreement with such
nonprofit corporations as may be necessary or suitable for the
construction, financing, operation and maintenance and
management of any such park; and may lease to any person, firm,
partnership or corporation, either public or private, any part
or all of the land, building, facilities, equipment or other
property of such park for such purposes and upon such rentals,
terms and conditions as the Board may deem advisable; and may
finance all or part of the cost of any such park, including the
purchase, lease, construction, reconstruction, improvement,
remodeling, addition to, and extension and maintenance of all
or part of such high technology park, and all equipment and
furnishings, by legislative appropriations, government grants,
contracts, private gifts, loans, receipts from the operation of
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

SB0642 Enrolled - 82 - LRB096 06697 NHT 16781 b
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 at 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 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
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

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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

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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.
(Source: P.A. 91-883, eff. 1-1-01.)

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