110 ILCS 690/35-45
2021 Illinois Compiled Statutes|Chapter 110 - HIGHER EDUCATION|110 ILCS 690/ - Western Illinois University Law.|Article 35

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;(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 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 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, 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 Illinois, or  other revenues or receipts of the University, also known as anticipated moneys.   The borrowing limit shall be capped at 100% of the total amount of payroll and other expense vouchers submitted and payable to the University for fiscal year 2010 expenses, but unpaid by the State Comptroller's office. Prior to borrowing any funds, the University shall request from the Comptroller's office a verification of the borrowing limit and shall include the estimated date on which such borrowing shall occur.  The borrowing limit cap shall be verified by the State Comptroller's office not prior to 45 days before any estimated date for executing any promissory note or line of credit established under this item (13).  The principal amount borrowed under a promissory note or line of credit shall not exceed 75% of the borrowing limit.  Within 15 days after borrowing funds under any promissory note or line of credit established under this item (13), the University shall submit to the Governor's Office of Management and Budget, the Speaker of the House of Representatives, the Minority Leader of the House of Representatives, the President of the Senate,  and the Minority Leader of the Senate an Emergency Short Term Cash Management Plan.  The Emergency Short Term Cash Management Plan shall outline the amount borrowed, the terms for repayment, the amount of outstanding State vouchers as verified by the State Comptroller's office, and the University's plan for expenditure of any borrowed funds, including, but not limited to, a detailed plan to meet payroll obligations to include collective bargaining employees, civil service employees, and academic, research, and health care personnel.  The establishment of any promissory note or line of credit established under this item (13) must be finalized within 90 days after the effective date of this amendatory  Act of the 96th General Assembly.  The   borrowed moneys shall be applied to the purposes of paying salaries and other expenses lawfully authorized in the University's State appropriation and unpaid by the State Comptroller.  Any line of credit established under this item (13)  shall be paid in full one year after creation or within 10 days after the date  the University receives reimbursement from the State for all submitted fiscal year 2010 vouchers, whichever is earlier.  Any  promissory note established under this item (13)  shall be repaid within one year after issuance of the note. The Chairman, Comptroller, or Treasurer of the Board shall execute a promissory note or similar debt instrument to evidence the indebtedness incurred by the borrowing. In connection with a borrowing, the Board may establish a line of credit with a financial institution, investment bank, or broker/dealer.  The obligation to make the payments due under any promissory note or line of credit established under this item (13) shall be a lawful obligation of the University payable from the anticipated moneys.  Any borrowing under this item (13) shall not constitute a debt, legal or moral, of the State and shall not be enforceable against the State. The promissory note or line of credit shall be authorized by a resolution passed by the Board and shall be valid whether or not a budgeted item with respect to  that resolution is included in any annual or  supplemental budget adopted by the Board.  The resolution shall set forth facts demonstrating the need for the borrowing, state an amount that the amount to be borrowed will not exceed, and establish a maximum interest rate limit not to exceed the maximum rate authorized by the Bond Authorization Act or 9%, whichever is less. The resolution may direct the Comptroller or Treasurer of the Board to make arrangements to set apart and hold the portion of the anticipated moneys, as received, that shall be used to repay the borrowing, subject to any prior pledges or restrictions with respect to the anticipated moneys.  The resolution may also authorize the Treasurer of the Board to make partial repayments of the borrowing as the anticipated moneys become available and may contain any other terms, restrictions, or limitations not inconsistent with the powers of the Board.For the purposes of this item (13), "financial institution" means any bank subject to the Illinois Banking Act, any savings and loan association subject to the Illinois Savings and Loan Act of 1985, and any federally chartered commercial bank or savings and loan association or government-sponsored enterprise organized and operated in this State pursuant to the laws of the United States.(14) 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 may exercise the following powers with regard to that part of the Southeast Quarter of Section  11, Township 17 North, Range 1 West of the 4th  Principal Meridian, the boundary which is described as follows:From the Northeast corner of Lot 33 of Homewood Terrace     Second Addition to the City of Moline in Rock Island County, Illinois,  said corner       being the point of beginning  and being  1272.48 feet South and 526.23 feet  East of the center of Section   11; proceed  thence  South  00 deg.-00'-00"  West 179.04  feet along  the  East line of said Homewood  Terrace Second Addition; thence South 34 deg.-30'-00"  West  l35.00 feet along the East line of said Homewood  Terrace Second Addition; thence South 34 deg.-22'-33" East 353.34 feet to the East line of the First Section  of  Homewood   5th  Addition  to the  City of  Moline  in  Rock  Island  County, Illinois;  thence  South  21 deg.-14'-01"  East 448.00 feet along the  East line of said First Section of Homewood 5th Addition  to the North Right-of-Way  line of  Coaltown  Road,  Moline; thence  North  69  deg.-30'-59" East  13.39 feet  along the North Right-of-Way  of Coaltown Road; thence Northeasterly  302.69 feet along the North  Right-of-Way of Coaltown Road around  a circular curve  to  the Right, said curve having an initial tangent bearing  of North  69 deg.-30'-59" East and a radius of  1950.08 feet;  thence North  49 deg.-29'-56" East 99.18 feet along the North Right-of-Way line  of  Coaltown  Road,  Moline,  to  the  West  Right-of-Way  line of  60th  Street,  Moline;  thence  North  09 deg.-29'-20" West 366.24 feet along the West Right-of-Way line of 60th Street, Moline Right-of-Way monument; thence North  10 deg.-10'-03"  West 263.50 feet along the West Right-of-Way  line of 60th Street,  Moline Right-of-Way  monument;  thence North  01 deg.-45'-57"  West 81.37 feet along the  West  line of  60th Street, Moline; thence Northwesterly 581.39 feet around a circular curve to the right, said curve having an initial tangent bearing of South 89 deg.-27'-55" West and a radius of  1085.00 feet to the point of beginning;  Situated in Rock Island County, Illinois.(A) The Board  may sell, lease, or otherwise transfer     and convey all or part of the real estate described in this item (14), 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  shall determine are in the best interests of the University and consistent with its objects and purposes.(B) The Board  may retain the proceeds from the sale,     lease, or other transfer of all or any part of the real estate described in this item (14) in the University treasury, in a special, separate development fund account that the Auditor General shall examine to ensure the use or deposit of those proceeds in a manner consistent with subdivision (C) of this item (14).(C) 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; streetscape work; landscape work; lease and lease purchase arrangements and the professional services associated with planning and development; surface and structure parking; sidewalks, recreational paths, and street construction; utility infrastructure; historic preservation; and building rehabilitation.  Money 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 are not  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 is subject to the control and approval of the Board. (Source: P.A. 97-333, eff. 8-12-11; 98-998, eff. 8-18-14.)