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| [ Senate Amendment 001 ] |
91_SB1923sam002
LRB9111595NTksam
1 AMENDMENT TO SENATE BILL 1923
2 AMENDMENT NO. . Amend Senate Bill 1923, AS AMENDED,
3 by replacing the title with the following:
4 "AN ACT concerning the University of Illinois."; and
5 by replacing everything after the enacting clause with the
6 following:
7 "Section 5. The State Property Control Act is amended by
8 adding Section 8.5 as follows:
9 (30 ILCS 605/8.5 new)
10 Sec. 8.5. No application. The provisions of this Act do
11 not apply to a transaction conducted under subsection (c) of
12 Section 7 of the University of Illinois Act.
13 Section 10. The University of Illinois Act is amended by
14 changing Section 7 as follows:
15 (110 ILCS 305/7) (from Ch. 144, par. 28)
16 Sec. 7. Powers of trustees.
17 (a) The trustees shall have power to provide for the
18 requisite buildings, apparatus, and conveniences; to fix the
19 rates for tuition; to appoint such professors and
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1 instructors, and to establish and provide for the management
2 of such model farms, model art, and other departments and
3 professorships, as may be required to teach, in the most
4 thorough manner, such branches of learning as are related to
5 agriculture and the mechanic arts, and military tactics,
6 without excluding other scientific and classical studies. The
7 trustees shall, upon the written request of an employee
8 withhold from the compensation of that employee any dues,
9 payments or contributions payable by such employee to any
10 labor organization as defined in the Illinois Educational
11 Labor Relations Act. Under such arrangement, an amount shall
12 be withheld from each regular payroll period which is equal
13 to the pro rata share of the annual dues plus any payments or
14 contributions, and the trustees shall transmit such
15 withholdings to the specified labor organization within 10
16 working days from the time of the withholding. They may
17 accept the endowments and voluntary professorships or
18 departments in the University, from any person or persons or
19 corporations who may offer the same, and, at any regular
20 meeting of the board, may prescribe rules and regulations in
21 relation to such endowments and declare on what general
22 principles they may be admitted: Provided, that such special
23 voluntary endowments or professorships shall not be
24 incompatible with the true design and scope of the act of
25 congress, or of this Act: Provided, that no student shall at
26 any time be allowed to remain in or about the University in
27 idleness, or without full mental or industrial occupation:
28 And provided further, that the trustees, in the exercise of
29 any of the powers conferred by this Act, shall not create any
30 liability or indebtedness in excess of the funds in the hands
31 of the treasurer of the University at the time of creating
32 such liability or indebtedness, and which may be specially
33 and properly applied to the payment of the same. Any lease to
34 the trustees of lands, buildings or facilities which will
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1 support scientific research and development in such areas as
2 high technology, super computing, microelectronics,
3 biotechnology, robotics, physics and engineering shall be for
4 a term not to exceed 18 years, and may grant to the trustees
5 the option to purchase the lands, buildings or facilities.
6 The lease shall recite that it is subject to termination and
7 cancellation in any year for which the General Assembly fails
8 to make an appropriation to pay the rent payable under the
9 terms of the lease.
10 Leases for the purposes described herein exceeding 5
11 years shall have the approval of the Illinois Board of Higher
12 Education.
13 The Board of Trustees may, directly or in cooperation
14 with other institutions of higher education, acquire by
15 purchase or lease or otherwise, and construct, enlarge,
16 improve, equip, complete, operate, control and manage medical
17 research and high technology parks, together with the
18 necessary lands, buildings, facilities, equipment and
19 personal property therefor, to encourage and facilitate (a)
20 the location and development of business and industry in the
21 State of Illinois, and (b) the increased application and
22 development of technology and (c) the improvement and
23 development of the State's economy. The Board of Trustees may
24 lease to nonprofit corporations all or any part of the land,
25 buildings, facilities, equipment or other property included
26 in a medical research and high technology park upon such
27 terms and conditions as the University of Illinois may deem
28 advisable and enter into any contract or agreement with such
29 nonprofit corporations as may be necessary or suitable for
30 the construction, financing, operation and maintenance and
31 management of any such park; and may lease to any person,
32 firm, partnership or corporation, either public or private,
33 any part or all of the land, building, facilities, equipment
34 or other property of such park for such purposes and upon
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1 such rentals, terms and conditions as the University may deem
2 advisable; and may finance all or part of the cost of any
3 such park, including the purchase, lease, construction,
4 reconstruction, improvement, remodeling, addition to, and
5 extension and maintenance of all or part of such high
6 technology park, and all equipment and furnishings, by
7 legislative appropriations, government grants, contracts,
8 private gifts, loans, receipts from the operation of such
9 high technology park, rentals and similar receipts; and may
10 make its other facilities and services available to tenants
11 or other occupants of any such park at rates which are
12 reasonable and appropriate.
13 The Trustees shall have power (a) to purchase real
14 property and easements, and (b) to acquire real property and
15 easements in the manner provided by law for the exercise of
16 the right of eminent domain, and in the event negotiations
17 for the acquisition of real property or easements for making
18 any improvement which the Trustees are authorized to make
19 shall have proven unsuccessful and the Trustees shall have by
20 resolution adopted a schedule or plan of operation for the
21 execution of the project and therein made a finding that it
22 is necessary to take such property or easements immediately
23 or at some specified later date in order to comply with the
24 schedule, the Trustees may acquire such property or easements
25 in the same manner provided in Sections 7-103 through 7-112
26 of the Code of Civil Procedure.
27 The Board of Trustees also shall have power to agree with
28 the State's Attorney of the county in which any properties of
29 the Board are located to pay for services rendered by the
30 various taxing districts for the years 1944 through 1949 and
31 to pay annually for services rendered thereafter by such
32 district such sums as may be determined by the Board upon
33 properties used solely for income producing purposes, title
34 to which is held by said Board of Trustees, upon properties
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1 leased to members of the staff of the University of Illinois,
2 title to which is held in trust for said Board of Trustees
3 and upon properties leased to for-profit entities the title
4 to which properties is held by the Board of Trustees. A
5 certified copy of any such agreement made with the State's
6 Attorney shall be filed with the County Clerk and such sums
7 shall be distributed to the respective taxing districts by
8 the County Collector in such proportions that each taxing
9 district will receive therefrom such proportion as the tax
10 rate of such taxing district bears to the total tax rate that
11 would be levied against such properties if they were not
12 exempt from taxation under the Property Tax Code.
13 The Board of Trustees of the University of Illinois,
14 subject to the applicable civil service law, may appoint
15 persons to be members of the University of Illinois Police
16 Department. Members of the Police Department shall be peace
17 officers and as such have all powers possessed by policemen
18 in cities, and sheriffs, including the power to make arrests
19 on view or warrants of violations of state statutes and city
20 or county ordinances, except that they may exercise such
21 powers only in counties wherein the University and any of its
22 branches or properties are located when such is required for
23 the protection of university properties and interests, and
24 its students and personnel, and otherwise, within such
25 counties, when requested by appropriate state or local law
26 enforcement officials; provided, however, that such officer
27 shall have no power to serve and execute civil processes.
28 The Board of Trustees may own, operate, or govern, by or
29 through the College of Medicine at Peoria, a managed care
30 community network established under subsection (r) of Section
31 5-16.3 of the Illinois Public Aid Code.
32 The powers of the trustees as herein designated are
33 subject to the provisions of "An Act creating a Board of
34 Higher Education, defining its powers and duties, making an
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1 appropriation therefor, and repealing an Act herein named",
2 approved August 22, 1961, as amended.
3 The Board of Trustees shall have the authority to adopt
4 all administrative rules which may be necessary for the
5 effective administration, enforcement and regulation of all
6 matters for which the Board has jurisdiction or
7 responsibility.
8 (b) To assist in the provision of buildings and
9 facilities beneficial to, useful for, or supportive of
10 University purposes, the Board of Trustees of the University
11 of Illinois may exercise the following powers with regard to
12 the area located on or adjacent to the University of Illinois
13 at Chicago campus and bounded as follows: on the West by
14 Morgan Street; on the North by Roosevelt Road; on the East by
15 Union Street; and on the South by 16th Street, in the City of
16 Chicago:
17 (1) Acquire any interests in land, buildings, or
18 facilities by purchase, including installments payable
19 over a period allowed by law, by lease over a term of
20 such duration as the Board of Trustees shall determine,
21 or by exercise of the power of eminent domain;
22 (2) Sub-lease or contract to purchase through
23 installments all or any portion of buildings or
24 facilities for such duration and on such terms as the
25 Board of Trustees shall determine, including a term that
26 exceeds 5 years, provided that each such lease or
27 purchase contract shall be and shall recite that it is
28 subject to termination and cancellation in any year for
29 which the General Assembly fails to make an appropriation
30 to pay the rent or purchase installments payable under
31 the terms of such lease or purchase contract; and
32 (3) Sell property without compliance with the State
33 Property Control Act and retain proceeds in the
34 University Treasury in a special, separate development
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1 fund account which the Auditor General shall examine to
2 assure compliance with this Act.
3 Any buildings or facilities to be developed on the land shall
4 be buildings or facilities that, in the determination of the
5 Board of Trustees, in whole or in part: (i) are for use by
6 the University; or (ii) otherwise advance the interests of
7 the University, including, by way of example, residential
8 facilities for University staff and students and commercial
9 facilities which provide services needed by the University
10 community. Revenues from the development fund account may be
11 withdrawn by the University for the purpose of demolition and
12 the processes associated with demolition; routine land and
13 property acquisition; extension of utilities; streetscape
14 work; landscape work; surface and structure parking;
15 sidewalks, recreational paths, and street construction; and
16 lease and lease purchase arrangements and the professional
17 services associated with the planning and development of the
18 area. Moneys from the development fund account used for any
19 other purpose must be deposited into and appropriated from
20 the General Revenue Fund. Buildings or facilities leased to
21 an entity or person other than the University shall not be
22 subject to any limitations applicable to a State supported
23 college or university under any law. All development on the
24 land and all use of any buildings or facilities shall be
25 subject to the control and approval of the Board of Trustees.
26 (c) To assist in the provision of lands, buildings, and
27 facilities that are supportive of university purposes and
28 suitable and appropriate for the conduct and operation of the
29 university's education programs, the Board of Trustees of the
30 University of Illinois may exercise the powers specified in
31 paragraphs (1), (2), and (3) of this subsection (c) with
32 regard to the following described property:
33 Parcel 1: Approximately 204 acres commonly known as
34 the Manteno Farm described as: The Northeast Quarter of
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1 Section 35, Township 32 North, Range 12 East of the Third
2 Principal Meridian in Kankakee County, Illinois
3 containing approximately 163.60 acres; and the Northwest
4 Quarter of the Southeast Quarter of Section 35, Township
5 32 North, Range 12 East of the Third Principal Meridian
6 in Kankakee County, Illinois containing approximately
7 40.73 acres.
8 Parcel 2: Approximately 160 acres commonly known as
9 the Pell Farm described as: The Northwest Quarter of
10 Section 28 in Township 19 North, Range 9 East of the
11 Third Principal Meridian in Champaign County, Illinois.
12 Parcel 3: The property commonly known as 904 West
13 Adams Street, Chicago, consisting of the following lots
14 in Block 8 in Duncan's Addition to Chicago in Section 17,
15 Township 39 North, Range 14, East of the Third Principal
16 Meridian, Cook County, Illinois: Lots 4, 5, 6, 7, 8, 9,
17 and 10 in Block 8 Duncan's Addition; Sub-Lots 3, 4, 5, 6,
18 7, and 8 in the Resubdivision of Lots 11, 12, and 13 in
19 Block 8, Duncan's Addition; Lots 1 and 2 in Spry's
20 Subdivision of the Lots 11, 12, and 13 in Block 8,
21 Duncan's Addition, Chicago, Illinois.
22 (1) The Board of Trustees may sell, lease, or
23 otherwise transfer and convey all or part of the above
24 described parcels of real estate, together with the
25 improvements situated thereon, to a bona fide purchaser
26 for value, without compliance with the State Property
27 Control Act and on such terms as the Board of Trustees
28 shall determine are in the best interests of the
29 University of Illinois and consistent with its objectives
30 and purposes. The Board of Trustees must strive for the
31 highest prospective revenue from the transaction.
32 (2) The Board of Trustees may retain the proceeds
33 from the sale, lease, or other transfer of all or any
34 part of the above described parcels of real estate in the
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1 University Treasury, in a special, separate development
2 fund account that the Auditor General shall examine to
3 assure the use or deposit of those proceeds in a manner
4 consistent with this Act.
5 (3) Revenues deposited into the development fund
6 account from the sale of Parcel 1 and Parcel 2 shall be
7 used by the Board of Trustees to acquire and develop land
8 for the South Campus Farms on the Urbana-Champaign
9 campus. Revenues deposited into the development fund
10 account from the sale of Parcel 3 shall be used by the
11 Board of Trustees to replace warehouse space being lost
12 in Chicago as part of the South Campus Development and
13 from the sale of Parcel 3. Moneys from the development
14 fund account used for any other purpose, any remaining
15 balance in the development fund account upon conclusion
16 of these projects, and any money in the development fund
17 account that remains unused for these projects, must be
18 deposited into and appropriated from the General Revenue
19 Fund.
20 (Source: P.A. 89-691, eff. 12-31-96; 90-730, eff. 8-10-98.)
21 Section 99. Effective date. This Act takes effect upon
22 becoming law.".