State of Illinois
91st General Assembly
Legislation

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[ Introduced ][ Engrossed ][ Senate Amendment 001 ]
[ Senate Amendment 002 ]

91_SB1923ham001

 










                                           LRB9111595NTksam01

 1                    AMENDMENT TO SENATE BILL 1923

 2        AMENDMENT NO.     .  Amend Senate Bill 1923 by  replacing
 3    everything after the enacting clause with the following:

 4        "Section 5.  The University of Illinois Act is amended by
 5    changing Section 7 as follows:

 6        (110 ILCS 305/7) (from Ch. 144, par. 28)
 7        Sec. 7.  Powers of trustees.
 8        (a)  The  trustees  shall  have  power to provide for the
 9    requisite buildings, apparatus, and conveniences; to fix  the
10    rates   for   tuition;   to   appoint   such  professors  and
11    instructors, and to establish and provide for the  management
12    of  such  model  farms,  model art, and other departments and
13    professorships, as may be required  to  teach,  in  the  most
14    thorough  manner, such branches of learning as are related to
15    agriculture and the  mechanic  arts,  and  military  tactics,
16    without excluding other scientific and classical studies. The
17    trustees  shall,  upon  the  written  request  of an employee
18    withhold from the compensation of  that  employee  any  dues,
19    payments or contributions payable by the such employee to any
20    labor  organization  as  defined  in the Illinois Educational
21    Labor Relations Act.  Under such arrangement, an amount shall
22    be withheld from each regular payroll period which  is  equal
 
                            -2-            LRB9111595NTksam01
 1    to the pro rata share of the annual dues plus any payments or
 2    contributions,   and   the   trustees   shall  transmit  such
 3    withholdings to the specified labor  organization  within  10
 4    working  days  from  the  time  of the withholding.  They may
 5    accept  the  endowments  and  voluntary   professorships   or
 6    departments  in the University, from any person or persons or
 7    corporations who may offer the  same,  and,  at  any  regular
 8    meeting  of the board, may prescribe rules and regulations in
 9    relation to such  endowments  and  declare  on  what  general
10    principles  they may be admitted: Provided, that such special
11    voluntary  endowments  or   professorships   shall   not   be
12    incompatible  with  the  true  design and scope of the act of
13    congress, or of this Act: Provided, that no student shall  at
14    any  time  be allowed to remain in or about the University in
15    idleness, or without full mental  or  industrial  occupation:
16    And  provided  further, that the trustees, in the exercise of
17    any of the powers conferred by this Act, shall not create any
18    liability or indebtedness in excess of the funds in the hands
19    of the treasurer of the University at the  time  of  creating
20    such  liability  or  indebtedness, and which may be specially
21    and properly applied to the payment of the same. Any lease to
22    the trustees of lands, buildings  or  facilities  which  will
23    support  scientific research and development in such areas as
24    high   technology,   super    computing,    microelectronics,
25    biotechnology, robotics, physics and engineering shall be for
26    a  term not to exceed 18 years, and may grant to the trustees
27    the option to purchase the lands,  buildings  or  facilities.
28    The  lease shall recite that it is subject to termination and
29    cancellation in any year for which the General Assembly fails
30    to make an appropriation to pay the rent  payable  under  the
31    terms of the lease.
32        Leases  for  the  purposes  described  herein exceeding 5
33    years shall have the approval of the Illinois Board of Higher
34    Education.
 
                            -3-            LRB9111595NTksam01
 1        The Board of Trustees may,  directly  or  in  cooperation
 2    with  other  institutions  of  higher  education,  acquire by
 3    purchase or  lease  or  otherwise,  and  construct,  enlarge,
 4    improve, equip, complete, operate, control and manage medical
 5    research   and  high  technology  parks,  together  with  the
 6    necessary  lands,  buildings,   facilities,   equipment   and
 7    personal  property  therefor, to encourage and facilitate (a)
 8    the location and development of business and industry in  the
 9    State  of  Illinois,  and  (b)  the increased application and
10    development  of  technology  and  (c)  the  improvement   and
11    development of the State's economy. The Board of Trustees may
12    lease  to nonprofit corporations all or any part of the land,
13    buildings, facilities, equipment or other  property  included
14    in  a  medical  research  and  high technology park upon such
15    terms and conditions as the University of Illinois  may  deem
16    advisable  and enter into any contract or agreement with such
17    nonprofit corporations as may be necessary  or  suitable  for
18    the  construction,  financing,  operation and maintenance and
19    management of any such park; and may  lease  to  any  person,
20    firm,  partnership  or corporation, either public or private,
21    any part or all of the land, building, facilities,  equipment
22    or  other  property  of  such park for such purposes and upon
23    such rentals, terms and conditions as the University may deem
24    advisable; and may finance all or part of  the  cost  of  any
25    such  park,  including  the  purchase,  lease,  construction,
26    reconstruction,  improvement,  remodeling,  addition  to, and
27    extension and  maintenance  of  all  or  part  of  such  high
28    technology  park,  and  all  equipment  and  furnishings,  by
29    legislative  appropriations,  government  grants,  contracts,
30    private  gifts,  loans,  receipts  from the operation of such
31    high technology park, rentals and similar receipts;  and  may
32    make  its  other facilities and services available to tenants
33    or other occupants of  any  such  park  at  rates  which  are
34    reasonable and appropriate.
 
                            -4-            LRB9111595NTksam01
 1        The  Trustees  shall  have  power  (a)  to  purchase real
 2    property and easements, and (b) to acquire real property  and
 3    easements  in  the manner provided by law for the exercise of
 4    the right of eminent domain, and in  the  event  negotiations
 5    for  the acquisition of real property or easements for making
 6    any improvement which the Trustees  are  authorized  to  make
 7    shall have proven unsuccessful and the Trustees shall have by
 8    resolution  adopted  a  schedule or plan of operation for the
 9    execution of the project and therein made a finding  that  it
10    is  necessary  to take such property or easements immediately
11    or at some specified later date in order to comply  with  the
12    schedule, the Trustees may acquire such property or easements
13    in  the  same manner provided in Sections 7-103 through 7-112
14    of the Code of Civil Procedure.
15        The Board of Trustees also shall have power to agree with
16    the State's Attorney of the county in which any properties of
17    the Board are located to pay for  services  rendered  by  the
18    various  taxing districts for the years 1944 through 1949 and
19    to pay annually for  services  rendered  thereafter  by  such
20    district  such  sums  as  may be determined by the Board upon
21    properties used solely for income producing  purposes,  title
22    to  which  is held by said Board of Trustees, upon properties
23    leased to members of the staff of the University of Illinois,
24    title to which is held in trust for said  Board  of  Trustees
25    and  upon  properties leased to for-profit entities the title
26    to which properties is held  by  the  Board  of  Trustees.  A
27    certified  copy  of  any such agreement made with the State's
28    Attorney shall be filed with the County Clerk and  such  sums
29    shall  be  distributed  to the respective taxing districts by
30    the County Collector in such  proportions  that  each  taxing
31    district  will  receive  therefrom such proportion as the tax
32    rate of such taxing district bears to the total tax rate that
33    would be levied against such  properties  if  they  were  not
34    exempt from taxation under the Property Tax Code.
 
                            -5-            LRB9111595NTksam01
 1        The  Board  of  Trustees  of  the University of Illinois,
 2    subject to the applicable  civil  service  law,  may  appoint
 3    persons  to  be  members of the University of Illinois Police
 4    Department. Members of the Police Department shall  be  peace
 5    officers  and  as such have all powers possessed by policemen
 6    in cities, and sheriffs, including the power to make  arrests
 7    on  view or warrants of violations of state statutes and city
 8    or county ordinances, except  that  they  may  exercise  such
 9    powers only in counties wherein the University and any of its
10    branches  or properties are located when such is required for
11    the protection of university properties  and  interests,  and
12    its  students  and  personnel,  and  otherwise,  within  such
13    counties,  when  requested  by appropriate state or local law
14    enforcement officials; provided, however, that  such  officer
15    shall have no power to serve and execute civil processes.
16        The  Board of Trustees may own, operate, or govern, by or
17    through the College of Medicine at  Peoria,  a  managed  care
18    community network established under subsection (r) of Section
19    5-16.3 of the Illinois Public Aid Code.
20        The  powers  of  the  trustees  as  herein designated are
21    subject to the provisions of "An  Act  creating  a  Board  of
22    Higher  Education,  defining its powers and duties, making an
23    appropriation therefor, and repealing an Act  herein  named",
24    approved August 22, 1961, as amended.
25        The  Board  of Trustees shall have the authority to adopt
26    all administrative rules  which  may  be  necessary  for  the
27    effective  administration,  enforcement and regulation of all
28    matters   for   which   the   Board   has   jurisdiction   or
29    responsibility.
30        (b)  To  assist  in  the  provision  of   buildings   and
31    facilities  beneficial  to,  useful  for,  or  supportive  of
32    University  purposes, the Board of Trustees of the University
33    of Illinois may exercise the following powers with regard  to
34    the area located on or adjacent to the University of Illinois
 
                            -6-            LRB9111595NTksam01
 1    at  Chicago  campus  and  bounded  as follows: on the West by
 2    Morgan Street; on the North by Roosevelt Road; on the East by
 3    Union Street; and on the South by 16th Street, in the City of
 4    Chicago:
 5             (1)  Acquire any interests in  land,  buildings,  or
 6        facilities  by  purchase,  including installments payable
 7        over a period allowed by law, by lease  over  a  term  of
 8        such  duration  as the Board of Trustees shall determine,
 9        or by exercise of the power of eminent domain;
10             (2)  Sub-lease  or  contract  to  purchase   through
11        installments   all   or   any  portion  of  buildings  or
12        facilities for such duration and on  such  terms  as  the
13        Board  of Trustees shall determine, including a term that
14        exceeds  5  years,  provided  that  each  such  lease  or
15        purchase contract shall be and shall recite  that  it  is
16        subject  to  termination and cancellation in any year for
17        which the General Assembly fails to make an appropriation
18        to pay the rent or purchase  installments  payable  under
19        the terms of such lease or purchase contract; and
20             (3)  Sell property without compliance with the State
21        Property   Control   Act   and  retain  proceeds  in  the
22        University Treasury in a  special,  separate  development
23        fund  account  which the Auditor General shall examine to
24        assure compliance with this Act.
25    Any buildings or facilities to be developed on the land shall
26    be buildings or facilities that, in the determination of  the
27    Board  of  Trustees,  in whole or in part: (i) are for use by
28    the University; or (ii) otherwise advance  the  interests  of
29    the  University,  including,  by  way of example, residential
30    facilities for University staff and students  and  commercial
31    facilities  which  provide  services needed by the University
32    community.  Revenues from the development fund account may be
33    withdrawn by the University for the purpose of demolition and
34    the processes associated with demolition;  routine  land  and
 
                            -7-            LRB9111595NTksam01
 1    property  acquisition;  extension  of  utilities; streetscape
 2    work;  landscape  work;  surface   and   structure   parking;
 3    sidewalks,  recreational  paths, and street construction; and
 4    lease and lease purchase arrangements  and  the  professional
 5    services  associated with the planning and development of the
 6    area.  Moneys from the development fund account used for  any
 7    other  purpose  must  be deposited into and appropriated from
 8    the General Revenue Fund.  Buildings or facilities leased  to
 9    an  entity  or  person other than the University shall not be
10    subject to any limitations applicable to  a  State  supported
11    college  or university under any law.  All development on the
12    land and all use of any  buildings  or  facilities  shall  be
13    subject to the control and approval of the Board of Trustees.
14    (Source: P.A. 89-691, eff. 12-31-96; 90-730, eff. 8-10-98.)".

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