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EIU Office of General Counsel

Eastern Illinois University Law and
Eastern Illinois University Revenue Bond Law

 

Citation links will direct you to the statute on the Illinois General Assembly website.

Citation

Statute Title

Purpose

     

EIU Law

   
     
110 ILCS 665/10-1 EIU Law.
Short title.
Eastern Illinois University Law title.
     
110 ILCS 665/10-5 EIU Law.
Object of EIU.
Object of EIU is to offer courses of instruction, conduct research, offer public services as prescribed by the BOT.
     
110 ILCS 665/10-10 EIU Law.
Board of Trustees.
Creates Board of Trustees which shall operate, manage, control, and maintain EIU.
     
110 ILCS 665/10-15 EIU Law.
Board of Trustees.
Membership; terms; vacancies.
Board shall have 7 voting members appointed by the Governor (4 - 3 year terms, 3 - 5 year terms) and 1 voting student member  Student must maintain residency, maintain at least a 2.5 GPA/4.0 scale, and has a one-year term unless reselected.
     
110 ILCS 665/10-20 EIU Law. Reimbursement; employment limitations. Board members shall serve without compensation but entitled to reasonable amounts for expenses incurred in the performance of their duties. No member may hold office under authority of the Board, nor be indirectly interested in any contract made by the Board, nor be an employee of State government.
     
110 ILCS 665/10-25 EIU Law.
Board of Trustees.
Officers; meetings.
Board members shall elect by secret ballot officers annually. Meeting shall be held at least once/quarter.  A majority of members shall constitute a quorum.  Student member is barred from voting on faculty tenure, faculty promotion or any issue which the student member has a direct conflict of interest. Student member shall not be considered in a quorum on issues student cannot cast a vote.
     
110 ILCS 665/10-30 EIU Law.
Ex-officio treasurer.
The Board shall designate an EIU staff member to served as Treasurer of the Board but not as a member of the Board, and shall post bond.
     
110 ILCS 665/10-35 EIU Law. 
Transfer of powers, duties, assets; outstanding contracts, agreements and bonds.
Grants all rights, powers and duties to EIU that were vested by law in the Board of Governors of State Colleges and Universities.  This includes the employment of the president and all academic/nonacademic personnel but the status and rights of personnel employed under the State Universities Civil Service System shall be unaffected. All items of income received by EIU shall be used for the support and improvement of EIU.  The right of custody, possession and control over income, funds or deposits is transferred to and vested in the BOT of EIU frpm the Board of Governors. The power of order and direction over disbursement of funds is transferred to the BOT of EIU from the Board of Governors. All contracts, agreements, bond, notes, other evidence of indebtness formerly in the Board of Governors is now the property of EIU. The title to all property, real, personal, or mixed, held by the Board of Governors of State Colleges and Universities is transferred to the BOT of EIU.
     
110 ILCS 665/10-40 EIU Law.
Contracts, conveyances, expenditures.
The Board shall have power to enter into contracts and to sue and be sued but that all tort claims must be filed in Court of Claims; to acquire by purchase, eminent domain, or otherwise, to hold and convey title to real property; and to expend funds appropriated or lawfully belonging to EIU.  The Board shall not create any liability or indebtedness of funds from the State Treasurer in excess of those appropriated to EIU. All real property acquired by the Board shall be held for the People of the State of Illinois for the use of EIU.  Any lease of lands, buildings of facilities which will support scientific research and development shall be for a term not to exceed 18 years and may be subject to termination/cancellation when General Assembly fails to make an appropriation to pay the rent. Leases exceeding 5 years shall be approved by the Illinois Board of Higher Education. The Board may enter into contracts with municipalities to provide fire protection or other essential municipal services, and the Board may provide land/buildings for fire stations for such fire protection.
     
110 ILCS 665/10-42 EIU Law.
Eminent domain.
Any power granted to acquire property by condemnation or eminent domain is subject to and shall be exercised in accordance with the Eminent Domain Act.
     
110 ILCS 665/10-45 EIU Law.
Powers and duties.
The Board shall have power to make rules, regulations and bylaws for the government and management of EIU.  It shall employ a President and all employees, including tenure, salaries, and retirement benefits in accordance with the State Universities Civil Service Act.  The Board shall prescribe the courses of study to be followed as well as textbooks/apparatus to be used.  It shall issue diplomas to those who have satisfactorily completed the required studies and confer such professional/literary degrees. It shall examine into the conditions, management and administration of EIU, to provide buildings, equipment, set fees including tuition and student fees. 
    The Board shall succeed and administer all trusts, trust property and gifts.  It can accept endowments of professorships or department.  It can enter into contracts with the Federal government for providing courses of instructions for persons serving in or with the military or naval forces.  It may contract with the Cooperative Computer Center to obtain services related to electronic data processing.  Board may provide receipt and expenditures of Federal funds paid to EIU by the Federal government. The Board shall appoint, subject to the applicable civil service law, persons to be members of the EIU Police Department and shall authorize a distinct badge for each member. 
     
110 ILCS 665/10-50 EIU Law.
Illinois coal.
The Board shall comply with the provisions of the Illinois Mined Coal Act.
     
110 ILCS 665/10-55 EIU Law.
Smoke detection.
The Board shall submit to the office of the State Fire Marshal the plans for its smoke detection system in all University dormitory corridors and the connection of the system to a monitor panel and a central fire alarm system.
     
110 ILCS 665/10-60 EIU Law.
Police Department,
liability insurance.
The Board shall provide each member of the EIU Police Department without cost public liability insurance coverage which arises out of his/her employment not less than $50,000.  The Board shall have power to insure it, the university, its branches, Board members, paid and unpaid employees of the Board, and agents of the Board in the performance or delivery of its programs/services against claims, damages, lossess, expenses and civil suits. The Board shall have power to defend, hold harmless and indemnify all persons as to whom any such insurance is provided.
     
110 ILCS 665/10-65 EIU Law.
Recruiting access.
If the Board has provided access to persons or groups whose purpose is to make students aware of educational and occupational options, the Board shall provide on an equal basis access to official recruiting representatives of the armed forces of Illlinois and the United States for the purpose of informing students of educational and career opporunities available to them in the military.
     
110 ILCS 665/10-70 EIU Law.
English language proficiency.
The Board shall at all times maintain a program to assess the oral English language proficiency of all persons providing classroom instruction to students at each campus under its jurisdiction, governance or supervision.
     
110 ILCS 665/10-75 EIU Law.
Engineering facilities.
The Board is authorized to construct engineering facilities with funds appropriated for that purpose from the Build Illinois Bond Fund.
     
110 ILCS 665/10-80 EIU Law.
High school feedback system.
The Board shall establish a feedback system to monitor the academic program and success of Illinois high school students enrolled at EIU.
     
110 ILCS 665/10-85 EIU Law.
Admission requirements.
All students who are admitted must have satisfactorily completed at least 15 units of high school coursework from the following categories:  4 years of English, 3 years of social studies; 3 years of mathematics, 3 years of science, and 2 years of foreign language, music, vocational education or art.   The University may admit other individual applicants if it determines through assessment or evaluation that the apolicant demonstrates knowledge and skills required for admission.
     
110 ILCS 665/10-88 EIU Law.
In-state tuition charge.
Sets forth the conditions that the Board shall deem an individual an Illinois resident until the individual establishes a residence outside of this state.  It also notes that if a person is on active millitary duty but was stationed in this state for at least 3 years immediately prior to being reassigned out of state, then the person and his/her dependents will be considered Illinois residents for tuition purposes.
     
110 ILCS 665/10-90 EIU Law.
Partial tuition waivers.
Each year the Board shall offer 50% tuition waivers for undergraduate education at any campus under its governance to the children of employees of an Illinois college or university who have been employed by any one or by more than one Illinois college or university for an aggregate of at least 7 years.
     
110 ILCS 665/10-91 EIU Law.
Tuition waivers.
The Board is authorized to waive that percentage of its undergraduate tuition that is authorized under the tuition waiver limitation establisehd in regulations promulgated by the Illinois Board of Higher Education for individuals with the requisite athletic, academic or other abilities.
     
110 ILCS 665/10-93 EIU Law.
Tuition and fee waiver report.
The Board shall report to the IBHE by September 15 of each year the tuition and fee waivers the University has granted in the previous fiscal year.
     
110 ILCS 665/10-95 EIU Law.
Child care services.
The Board may contract for the provision of child care services for its employees. The Board may allow day care centers to operate in state-owned or leased facilities.  Prior to contracting for child care services, the Board shall detemrine a need for child care services. Proof of need may include a survey of University employees.
     
110 ILCS 665/10-100 EIU Law.
Flexible hours positions.
The Board is authorized to use flexible hours positions.  This is a position that does not require an ordinary work schedule.  This may be a part-time job of 20 hours; a job share by two employees; or a job with a compressed work week performed on fewer than the ordinary days required.
     
110 ILCS 665/10-105 EIU Law.
Fiscal year.
The fiscal year of EIU shall terminate on the 30th day of June, and all reports, except catalogs and circulars, shall be addressed to the Governor. Annual reports shall contain a full account of the financial and other transactions at the close of the fiscal year, together with a full statement of the then condition of the endowment fund, and shall be presented to the Governor on or before the 15th day of November.
     
110 ILCS 665/10-110 EIU Law.
Limitation
The powers of the Board are subject to the Board of Higher Education Act.
     
110 ILCS 665/10-115 EIU Law.
Meningitis vaccine;
information.
At the beginning of each academic year, the University shall inform each of its incoming freshment and transfer sstudents about meningitis and its transmission.  Any University facility that delivers health services to Univesrity students must offer the meningitis vaccine, subject to availability of the vaccine from the manufacturer.
     
110 ILCS 665/10-120 EIU Law.
Limitation on tuition increase.
For 4 continuous academic years following initial enrollment (or for undergraduate programs that require more than 4 years to complete, for the normal time to complete the program, as determined by the University), the tuition charged an undergraduate student who is an Illinois resident shall not exceed the amount that the student was charged at the time he or she first enrolled in the University. However, if the student changes majors during this time period, the tuition charged the student shall equal the amount the student would have been charged had he or she been admitted to the changed major when he or she first enrolled.  
     
110 ILCS 665/10-125 EIU Law.
Provision of student and social security information prohibited.
a) The University, including its agents, employees, student or alumni organizations, or any affiliates, may not provide a student's name, address, telephone number, social security number, email address, or other personal identifying information to a business organization or financial institution that issues credit or debit cards, unless the student is 21 years of age or older. 
    (b) The University may not print an individual's social security number on any card or other document required for the individual to access products or services provided by the University. 
     
110 ILCS 665/10-130 EIU Law.
Students called to active
military service.
The University shall allow a currently enrolled student who is called to active military service to complete any unfinished courses at a later date at no additional charge, unless course credit has already been given or the student received a full refund upon withdrawing from the course (in which case the student's record shall reflect that the withdrawal is due to active military service). The student must be given priority over other students in reenrolling in the course or courses.
     
110 ILCS 665/10-135 EIU Law.
Sexual assault awareness education.
The University shall provide some form of sexual assault awareness education to all incoming students, whether through a seminar, online training, or some other way of informing students. 
     
110 ILCS 665/10-140 EIU Law.
Buildings available for emergency purposes.
The Board shall make mutually agreed buildings of the university available for emergency purposes, upon the request of the Illinois Emergency Management Agency, the State-accredited emergency management agency with jurisdiction, or the American Red Cross, and cooperate in all matters with the Illinois Emergency Management Agency, local emergency management agencies, State-certified, local public health departments, the American Red Cross, and federal  agencies concerned with emergency preparedness and response.
     
110 ILCS 665/10-140 EIU Law.
Administrator and faculty
salary and benefits; report.
The Board of Trustees shall report to the Board of Higher Education, on or before July 1 of each year, the base salary and benefits of the president of the university and all administrators, faculty members, and instructors employed by the university. For the purposes of this Section, "benefits" includes without limitation vacation days, sick days, bonuses, annuities, and retirement enhancements.

     
110 ILCS 665/10-140 EIU Law.
Veterans' Day;
moment of silence.
If the University holds any type of event at the University on November 11, Veterans' Day, the Board shall require a moment ofsilence at that event to recognize Veterans' Day.
     
110 ILCS 665/10-140 EIU Law.
Faculty and staff political displays.
The University may not prohibit any faculty or staff member from (i) displaying political buttons, stickers, or patches while on University property, provided that such display by any member of the faculty in an instructional setting is for a purpose relevant to the subject of instruction; (ii) attending a partisan political rally, provided that the employee is not on duty; or (iii) displaying a partisan bumper sticker on his or her motor vehicle.
     
110 ILCS 665/10-140 EIU Law.
Disability history and
awareness.
The University may conduct and promote activities that provide education on, awareness of, and an understanding of disability history, people with disabilities, and the disability rights movement.
     
110 ILCS 665/10-140 EIU Law. 
Faculty and staff contact
with public officials.
All faculty and staff members of the University are free to communicate their views on any matter of private or public concern to any member of the legislative, executive, or judicial branch of government, State or federal, without notice to or prior approval of the University, so long as they do not represent that they are speaking for or on behalf of the University.
     

EIU Bond Law

   
     
110 ILCS 666/11-1 EIU Revenue Bond Law.
Short title.
This Article may be cited as the Eastern Illinois University Revenue Bond Law.
     
110 ILCS 666/11-5 EIU Revenue Bond Law. Definitions. Sets for the definitions of Board, University, Federal Agency, Acquire, and Project.
     
110 ILCS 666/11-10 EIU Revenue Bond Law.
Powers (Board)
The Board shall have power for such University to: Acquire any project or projects, or any combination thereof, and to own, operate and maintain the same; acquire by purchase, gift, or the exercise of eminent domain, and hold or dispose of real or personal property or rights or interest therein; accept grants of money or materials or property of any kind from a federal agency, or others, upon such terms and conditions as may be imposed; borrow money and issue bonds to acquire for such University any one project; make contracts and leases and execute all instruments and perform all acts and do all things necessary or convenient to carry out the powers granted in this Article; retain in its treasury (i) all moneys received from the sale of all bonds issued under this Article.
    The Board shall prepare an annual capital plan that details the proposed budget year and 3 year capital needs of such University for capital expenditures to finance revenue producing facilities through the issuance of revenue bonds.
     
110 ILCS 666/11-12 EIU Revenue Bond Law.
Eminent domain.
Notwithstanding any other provision of this Law, any power granted under this Law to acquire property by condemnation or eminent domain is subject to, and shall be exercised in accordance with, the Eminent Domain Act.
     
110 ILCS 666/11-15 EIU Revenue Bond Law.
Issuance of bonds
a) The Board shall have power, and is hereby authorized from time to time, to issue negotiable bonds (i) to acquire any one project, or more than one, or any combination thereof, for such University, or (ii) to refund bonds heretofore and hereafter issued as hereinafter provided for, or (iii) for either or both of said purposes. The bonds shall be authorized by resolution of the Board. 
    (b) The Board shall have power, and is hereby authorized from time to time, to issue negotiable refunding bonds (i) to refund unpaid matured bonds; (ii) to refund unpaid matured coupons evidencing interest upon its unpaid matured bonds; and (iii) to refund interest at the coupon rate upon its unpaid matured bonds that has accrued since the maturity of those bonds.
    The Board shall have power, and is hereby authorized from time to time, to also issue negotiable refunding bonds hereunder, to refund bonds at or prior to their maturity or which by their terms are subject to redemption before maturity, or both.
     
110 ILCS 666/11-20 EIU Revenue Bond Law.
Security of Bonds.
In connection with the issuance of any bonds under this Article, and in order to secure the payment of any such bonds and the interest thereon, the Board shall have power for such University including to fix, maintain and collect fees, rentals and other charges from students, staff members and others using or being served by, or having the right to use or the right to be served by, or to operate any project.
     
110 ILCS 666/11-25 EIU Revenue Bond Law.
Enforcement of contract.
The provisions of this Article and of any resolution or other proceeding authorizing the issuance of bonds shall constitute a contract with the holders of such bonds and the provisions thereof shall be enforceable by civil action, mandamus, injunction or other proceeding in the appropriate circuit court to enforce and compel the performance of all duties required by this Article and by any resolution authorizing the issuance of bonds adopted responsive hereto.  
     
110 ILCS 666/11-30 EIU Revenue Bond Law.
Moneys of the Board.
No moneys derived from the sale of bonds issued under the provisions of this Article, or pledged or assigned to or in trust for the benefit of the holder or holders thereof, shall be required to be paid into the State treasury but shall be deposited by the Treasurer or other fiscal officer of the Board in one or more banks, savings and loan associations or trust companies as may be designated by the Board. 
     
110 ILCS 666/11-35 EIU Revenue Bond Law.
Validity of bonds.
The bonds bearing the signatures of officers of the Board in office on the date of the signing thereof shall be valid and binding obligations, notwithstanding that before the delivery thereof and payment therefor any or all persons whose signatures appear thereon shall have ceased to be such officers. 
     
110 ILCS 666/11-40 EIU Revenue Bond Law.
Prohibitions against obligating the State of Illinois
Nothing in this Article shall be construed to authorize the Board or the University to contract a debt on behalf of, or in any way to obligate, the State of Illinois, or to pledge, assign or encumber in any way, or to permit the pledging, assigning or encumbering in any way, of appropriations made by the General Assembly of the State of Illinois. 
     
110 ILCS 666/11-45 EIU Revenue Bond Law.
Obligations of Board
All bonds issued pursuant to this Article shall be obligations of the Board payable only in accordance with the terms thereof and shall not be obligations general, special or otherwise, of the State of Illinois. 
     
110 ILCS 666/11-50 EIU Revenue Bond Law.
Bonds as Legal Investments.
The State and all counties, cities, villages, incorporated towns and other municipal corporations, political subdivisions and public bodies, and public officers of any thereof, all banks, bankers, trust companies, savings banks and institutions, building and loan associations, savings and loan associations, investment companies and other persons carrying on a banking business, all insurance companies, insurance associations and other persons carrying on an insurance business, and all executors, administrators, guardians, trustees and other fiduciaries may legally invest any sinking funds, moneys or other funds belonging to them or within their control in any bonds issued pursuant to this Article.
     
110 ILCS 666/11-55

EIU Revenue Bond Law.
Excision of Unconstitutional
and Ineffective parts of article.

It is hereby declared that the Sections, clauses, sentences and parts of this Article are severable and are not matters of mutual essential inducement, and any of them may be excised by any court of competent jurisdiction if this Article would otherwise be unconstitutional or ineffective. It is the intention of this Article to confer upon the Board the whole or any part of the powers in this Article.
     
110 ILCS 666/11-60 EIU Revenue Bond Law.
Supplemental Nature of Article; Construction and Purposes.
The powers conferred by this Article shall be in addition to and supplemental to the powers conferred by any other law, general or special, and bonds may be issued under this Article notwithstanding the provisions of any other such law and without regard to the procedure required by any other such laws.

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Contact Information

General Counsel/FOIA Officer
Laura L. McLaughlin

Eastern Illinois University
Blair Hall - Room 2102
600 Lincoln Avenue Charleston, IL 61920
(217) 581-7264


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