State of Illinois
91st General Assembly
Legislation

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91_SB1923eng

 
SB1923 Engrossed                              LRB9111595NTksA

 1        AN ACT concerning the University of Illinois.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The State Property Control Act is amended  by
 5    adding Section 8.5 as follows:

 6        (30 ILCS 605/8.5 new)
 7        Sec. 8.5.  No application.  The provisions of this Act do
 8    not  apply to a transaction conducted under subsection (c) of
 9    Section 7 of the University of Illinois Act.

10        Section 10.  The University of Illinois Act is amended by
11    changing Section 7 as follows:

12        (110 ILCS 305/7) (from Ch. 144, par. 28)
13        Sec. 7.  Powers of trustees.
14        (a)  The trustees shall have power  to  provide  for  the
15    requisite  buildings, apparatus, and conveniences; to fix the
16    rates  for  tuition;   to   appoint   such   professors   and
17    instructors,  and to establish and provide for the management
18    of such model farms, model art,  and  other  departments  and
19    professorships,  as  may  be  required  to teach, in the most
20    thorough manner, such branches of learning as are related  to
21    agriculture  and  the  mechanic  arts,  and military tactics,
22    without excluding other scientific and classical studies. The
23    trustees shall, upon  the  written  request  of  an  employee
24    withhold  from  the  compensation  of that employee any dues,
25    payments or contributions payable by  such  employee  to  any
26    labor  organization  as  defined  in the Illinois Educational
27    Labor Relations Act.  Under such arrangement, an amount shall
28    be withheld from each regular payroll period which  is  equal
29    to the pro rata share of the annual dues plus any payments or
 
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 1    contributions,   and   the   trustees   shall  transmit  such
 2    withholdings to the specified labor  organization  within  10
 3    working  days  from  the  time  of the withholding.  They may
 4    accept  the  endowments  and  voluntary   professorships   or
 5    departments  in the University, from any person or persons or
 6    corporations who may offer the  same,  and,  at  any  regular
 7    meeting  of the board, may prescribe rules and regulations in
 8    relation to such  endowments  and  declare  on  what  general
 9    principles  they may be admitted: Provided, that such special
10    voluntary  endowments  or   professorships   shall   not   be
11    incompatible  with  the  true  design and scope of the act of
12    congress, or of this Act: Provided, that no student shall  at
13    any  time  be allowed to remain in or about the University in
14    idleness, or without full mental  or  industrial  occupation:
15    And  provided  further, that the trustees, in the exercise of
16    any of the powers conferred by this Act, shall not create any
17    liability or indebtedness in excess of the funds in the hands
18    of the treasurer of the University at the  time  of  creating
19    such  liability  or  indebtedness, and which may be specially
20    and properly applied to the payment of the same. Any lease to
21    the trustees of lands, buildings  or  facilities  which  will
22    support  scientific research and development in such areas as
23    high   technology,   super    computing,    microelectronics,
24    biotechnology, robotics, physics and engineering shall be for
25    a  term not to exceed 18 years, and may grant to the trustees
26    the option to purchase the lands,  buildings  or  facilities.
27    The  lease shall recite that it is subject to termination and
28    cancellation in any year for which the General Assembly fails
29    to make an appropriation to pay the rent  payable  under  the
30    terms of the lease.
31        Leases  for  the  purposes  described  herein exceeding 5
32    years shall have the approval of the Illinois Board of Higher
33    Education.
34        The Board of Trustees may,  directly  or  in  cooperation
 
SB1923 Engrossed            -3-               LRB9111595NTksA
 1    with  other  institutions  of  higher  education,  acquire by
 2    purchase or  lease  or  otherwise,  and  construct,  enlarge,
 3    improve, equip, complete, operate, control and manage medical
 4    research   and  high  technology  parks,  together  with  the
 5    necessary  lands,  buildings,   facilities,   equipment   and
 6    personal  property  therefor, to encourage and facilitate (a)
 7    the location and development of business and industry in  the
 8    State  of  Illinois,  and  (b)  the increased application and
 9    development  of  technology  and  (c)  the  improvement   and
10    development of the State's economy. The Board of Trustees may
11    lease  to nonprofit corporations all or any part of the land,
12    buildings, facilities, equipment or other  property  included
13    in  a  medical  research  and  high technology park upon such
14    terms and conditions as the University of Illinois  may  deem
15    advisable  and enter into any contract or agreement with such
16    nonprofit corporations as may be necessary  or  suitable  for
17    the  construction,  financing,  operation and maintenance and
18    management of any such park; and may  lease  to  any  person,
19    firm,  partnership  or corporation, either public or private,
20    any part or all of the land, building, facilities,  equipment
21    or  other  property  of  such park for such purposes and upon
22    such rentals, terms and conditions as the University may deem
23    advisable; and may finance all or part of  the  cost  of  any
24    such  park,  including  the  purchase,  lease,  construction,
25    reconstruction,  improvement,  remodeling,  addition  to, and
26    extension and  maintenance  of  all  or  part  of  such  high
27    technology  park,  and  all  equipment  and  furnishings,  by
28    legislative  appropriations,  government  grants,  contracts,
29    private  gifts,  loans,  receipts  from the operation of such
30    high technology park, rentals and similar receipts;  and  may
31    make  its  other facilities and services available to tenants
32    or other occupants of  any  such  park  at  rates  which  are
33    reasonable and appropriate.
34        The  Trustees  shall  have  power  (a)  to  purchase real
 
SB1923 Engrossed            -4-               LRB9111595NTksA
 1    property and easements, and (b) to acquire real property  and
 2    easements  in  the manner provided by law for the exercise of
 3    the right of eminent domain, and in  the  event  negotiations
 4    for  the acquisition of real property or easements for making
 5    any improvement which the Trustees  are  authorized  to  make
 6    shall have proven unsuccessful and the Trustees shall have by
 7    resolution  adopted  a  schedule or plan of operation for the
 8    execution of the project and therein made a finding  that  it
 9    is  necessary  to take such property or easements immediately
10    or at some specified later date in order to comply  with  the
11    schedule, the Trustees may acquire such property or easements
12    in  the  same manner provided in Sections 7-103 through 7-112
13    of the Code of Civil Procedure.
14        The Board of Trustees also shall have power to agree with
15    the State's Attorney of the county in which any properties of
16    the Board are located to pay for  services  rendered  by  the
17    various  taxing districts for the years 1944 through 1949 and
18    to pay annually for  services  rendered  thereafter  by  such
19    district  such  sums  as  may be determined by the Board upon
20    properties used solely for income producing  purposes,  title
21    to  which  is held by said Board of Trustees, upon properties
22    leased to members of the staff of the University of Illinois,
23    title to which is held in trust for said  Board  of  Trustees
24    and  upon  properties leased to for-profit entities the title
25    to which properties is held  by  the  Board  of  Trustees.  A
26    certified  copy  of  any such agreement made with the State's
27    Attorney shall be filed with the County Clerk and  such  sums
28    shall  be  distributed  to the respective taxing districts by
29    the County Collector in such  proportions  that  each  taxing
30    district  will  receive  therefrom such proportion as the tax
31    rate of such taxing district bears to the total tax rate that
32    would be levied against such  properties  if  they  were  not
33    exempt from taxation under the Property Tax Code.
34        The  Board  of  Trustees  of  the University of Illinois,
 
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 1    subject to the applicable  civil  service  law,  may  appoint
 2    persons  to  be  members of the University of Illinois Police
 3    Department. Members of the Police Department shall  be  peace
 4    officers  and  as such have all powers possessed by policemen
 5    in cities, and sheriffs, including the power to make  arrests
 6    on  view or warrants of violations of state statutes and city
 7    or county ordinances, except  that  they  may  exercise  such
 8    powers only in counties wherein the University and any of its
 9    branches  or properties are located when such is required for
10    the protection of university properties  and  interests,  and
11    its  students  and  personnel,  and  otherwise,  within  such
12    counties,  when  requested  by appropriate state or local law
13    enforcement officials; provided, however, that  such  officer
14    shall have no power to serve and execute civil processes.
15        The  Board of Trustees may own, operate, or govern, by or
16    through the College of Medicine at  Peoria,  a  managed  care
17    community network established under subsection (r) of Section
18    5-16.3 of the Illinois Public Aid Code.
19        The  powers  of  the  trustees  as  herein designated are
20    subject to the provisions of "An  Act  creating  a  Board  of
21    Higher  Education,  defining its powers and duties, making an
22    appropriation therefor, and repealing an Act  herein  named",
23    approved August 22, 1961, as amended.
24        The  Board  of Trustees shall have the authority to adopt
25    all administrative rules  which  may  be  necessary  for  the
26    effective  administration,  enforcement and regulation of all
27    matters   for   which   the   Board   has   jurisdiction   or
28    responsibility.
29        (b)  To  assist  in  the  provision  of   buildings   and
30    facilities  beneficial  to,  useful  for,  or  supportive  of
31    University  purposes, the Board of Trustees of the University
32    of Illinois may exercise the following powers with regard  to
33    the area located on or adjacent to the University of Illinois
34    at  Chicago  campus  and  bounded  as follows: on the West by
 
SB1923 Engrossed            -6-               LRB9111595NTksA
 1    Morgan Street; on the North by Roosevelt Road; on the East by
 2    Union Street; and on the South by 16th Street, in the City of
 3    Chicago:
 4             (1)  Acquire any interests in  land,  buildings,  or
 5        facilities  by  purchase,  including installments payable
 6        over a period allowed by law, by lease  over  a  term  of
 7        such  duration  as the Board of Trustees shall determine,
 8        or by exercise of the power of eminent domain;
 9             (2)  Sub-lease  or  contract  to  purchase   through
10        installments   all   or   any  portion  of  buildings  or
11        facilities for such duration and on  such  terms  as  the
12        Board  of Trustees shall determine, including a term that
13        exceeds  5  years,  provided  that  each  such  lease  or
14        purchase contract shall be and shall recite  that  it  is
15        subject  to  termination and cancellation in any year for
16        which the General Assembly fails to make an appropriation
17        to pay the rent or purchase  installments  payable  under
18        the terms of such lease or purchase contract; and
19             (3)  Sell property without compliance with the State
20        Property   Control   Act   and  retain  proceeds  in  the
21        University Treasury in a  special,  separate  development
22        fund  account  which the Auditor General shall examine to
23        assure compliance with this Act.
24    Any buildings or facilities to be developed on the land shall
25    be buildings or facilities that, in the determination of  the
26    Board  of  Trustees,  in whole or in part: (i) are for use by
27    the University; or (ii) otherwise advance  the  interests  of
28    the  University,  including,  by  way of example, residential
29    facilities for University staff and students  and  commercial
30    facilities  which  provide  services needed by the University
31    community.  Revenues from the development fund account may be
32    withdrawn by the University for the purpose of demolition and
33    the processes associated with demolition;  routine  land  and
34    property  acquisition;  extension  of  utilities; streetscape
 
SB1923 Engrossed            -7-               LRB9111595NTksA
 1    work;  landscape  work;  surface   and   structure   parking;
 2    sidewalks,  recreational  paths, and street construction; and
 3    lease and lease purchase arrangements  and  the  professional
 4    services  associated with the planning and development of the
 5    area.  Moneys from the development fund account used for  any
 6    other  purpose  must  be deposited into and appropriated from
 7    the General Revenue Fund.  Buildings or facilities leased  to
 8    an  entity  or  person other than the University shall not be
 9    subject to any limitations applicable to  a  State  supported
10    college  or university under any law.  All development on the
11    land and all use of any  buildings  or  facilities  shall  be
12    subject to the control and approval of the Board of Trustees.
13        (c)   To assist in the provision of lands, buildings, and
14    facilities that are supportive  of  university  purposes  and
15    suitable and appropriate for the conduct and operation of the
16    university's education programs, the Board of Trustees of the
17    University  of  Illinois may exercise the powers specified in
18    paragraphs (1), (2), and (3)  of  this  subsection  (c)  with
19    regard to the following described property:
20             Parcel  1: Approximately 204 acres commonly known as
21        the Manteno Farm described as: The Northeast  Quarter  of
22        Section 35, Township 32 North, Range 12 East of the Third
23        Principal   Meridian   in   Kankakee   County,   Illinois
24        containing  approximately 163.60 acres; and the Northwest
25        Quarter of the Southeast Quarter of Section 35,  Township
26        32  North,  Range 12 East of the Third Principal Meridian
27        in Kankakee  County,  Illinois  containing  approximately
28        40.73 acres.
29             Parcel 2:  Approximately 160 acres commonly known as
30        the  Pell  Farm  described  as:  The Northwest Quarter of
31        Section 28 in Township 19 North,  Range  9  East  of  the
32        Third Principal Meridian in Champaign County, Illinois.
33             Parcel  3:  The  property commonly known as 904 West
34        Adams Street, Chicago, consisting of the  following  lots
 
SB1923 Engrossed            -8-               LRB9111595NTksA
 1        in Block 8 in Duncan's Addition to Chicago in Section 17,
 2        Township  39 North, Range 14, East of the Third Principal
 3        Meridian, Cook County, Illinois: Lots 4, 5, 6, 7,  8,  9,
 4        and 10 in Block 8 Duncan's Addition; Sub-Lots 3, 4, 5, 6,
 5        7,  and  8 in the Resubdivision of Lots 11, 12, and 13 in
 6        Block 8, Duncan's  Addition;  Lots  1  and  2  in  Spry's
 7        Subdivision  of  the  Lots  11,  12,  and  13 in Block 8,
 8        Duncan's Addition, Chicago, Illinois.
 9             (1)  The Board  of  Trustees  may  sell,  lease,  or
10        otherwise  transfer  and  convey all or part of the above
11        described parcels  of  real  estate,  together  with  the
12        improvements  situated  thereon, to a bona fide purchaser
13        for value, without compliance  with  the  State  Property
14        Control  Act  and  on such terms as the Board of Trustees
15        shall  determine  are  in  the  best  interests  of   the
16        University of Illinois and consistent with its objectives
17        and  purposes.  The Board of Trustees must strive for the
18        highest prospective revenue from the transaction.
19             (2)  The Board of Trustees may retain  the  proceeds
20        from  the  sale,  lease,  or other transfer of all or any
21        part of the above described parcels of real estate in the
22        University Treasury, in a special,  separate  development
23        fund  account  that  the Auditor General shall examine to
24        assure the use or deposit of those proceeds in  a  manner
25        consistent with this Act.
26             (3)  Revenues  deposited  into  the development fund
27        account from the sale of Parcel 1 and Parcel 2  shall  be
28        used by the Board of Trustees to acquire and develop land
29        for  the  South  Campus  Farms  on  the  Urbana-Champaign
30        campus.   Revenues  deposited  into  the development fund
31        account from the sale of Parcel 3 shall be  used  by  the
32        Board  of  Trustees to replace warehouse space being lost
33        in Chicago as part of the South  Campus  Development  and
34        from  the  sale  of Parcel 3. Moneys from the development
 
SB1923 Engrossed            -9-               LRB9111595NTksA
 1        fund account used for any other  purpose,  any  remaining
 2        balance  in  the development fund account upon conclusion
 3        of these projects, and any money in the development  fund
 4        account  that  remains unused for these projects, must be
 5        deposited into and appropriated from the General  Revenue
 6        Fund.
 7    (Source: P.A. 89-691, eff. 12-31-96; 90-730, eff. 8-10-98.)

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

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