093_HB1861eng

 
HB1861 Engrossed                     LRB093 06182 NHT 06290 b

 1        AN ACT in relation to 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 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  that  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 that  such  employee  to
20    any 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
23    to the pro rata share of the annual dues plus any payments or
24    contributions,  and  the   trustees   shall   transmit   such
25    withholdings  to  the  specified labor organization within 10
26    working days from the time  of  the  withholding.   They  may
27    accept   the   endowments  and  voluntary  professorships  or
28    departments in the University, from any person or persons  or
29    corporations  who  may  offer  the  same, and, at any regular
30    meeting of the board, may prescribe rules and regulations  in
31    relation  to  such  endowments  and  declare  on what general
 
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 1    principles they may be admitted: Provided, that such  special
 2    voluntary   endowments   or   professorships   shall  not  be
 3    incompatible with the true design and scope  of  the  act  of
 4    congress,  or of this Act: Provided, that no student shall at
 5    any time be allowed to remain in or about the  University  in
 6    idleness,  or  without  full mental or industrial occupation:
 7    And provided further, that the trustees, in the  exercise  of
 8    any of the powers conferred by this Act, shall not create any
 9    liability or indebtedness in excess of the funds in the hands
10    of  the  treasurer  of the University at the time of creating
11    such liability or indebtedness, and which  may  be  specially
12    and properly applied to the payment of the same. Any lease to
13    the  trustees  of  lands,  buildings or facilities which will
14    support scientific research and development in such areas  as
15    high    technology,    super   computing,   microelectronics,
16    biotechnology, robotics, physics and engineering shall be for
17    a term not to exceed 18 years, and may grant to the  trustees
18    the  option  to  purchase the lands, buildings or facilities.
19    The lease shall recite that it is subject to termination  and
20    cancellation in any year for which the General Assembly fails
21    to  make  an  appropriation to pay the rent payable under the
22    terms of the lease.
23        Leases for the  purposes  described  herein  exceeding  5
24    years shall have the approval of the Illinois Board of Higher
25    Education.
26        The  Board  of  Trustees  may, directly or in cooperation
27    with other  institutions  of  higher  education,  acquire  by
28    purchase  or  lease  or  otherwise,  and  construct, enlarge,
29    improve, equip, complete, operate, control and manage medical
30    research  and  high  technology  parks,  together  with   the
31    necessary   lands,   buildings,   facilities,  equipment  and
32    personal property therefor, to encourage and  facilitate  (a)
33    the  location and development of business and industry in the
34    State of Illinois, and  (b)  the  increased  application  and
 
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 1    development   of  technology  and  (c)  the  improvement  and
 2    development of the State's economy. The Board of Trustees may
 3    lease to nonprofit corporations all or any part of the  land,
 4    buildings,  facilities,  equipment or other property included
 5    in a medical research and  high  technology  park  upon  such
 6    terms  and  conditions as the University of Illinois may deem
 7    advisable and enter into any contract or agreement with  such
 8    nonprofit  corporations  as  may be necessary or suitable for
 9    the construction, financing, operation  and  maintenance  and
10    management  of  any  such  park; and may lease to any person,
11    firm, partnership or corporation, either public  or  private,
12    any  part or all of the land, building, facilities, equipment
13    or other property of such park for  such  purposes  and  upon
14    such rentals, terms and conditions as the University may deem
15    advisable;  and  may  finance  all or part of the cost of any
16    such  park,  including  the  purchase,  lease,  construction,
17    reconstruction, improvement,  remodeling,  addition  to,  and
18    extension  and  maintenance  of  all  or  part  of  such high
19    technology  park,  and  all  equipment  and  furnishings,  by
20    legislative  appropriations,  government  grants,  contracts,
21    private gifts, loans, receipts from  the  operation  of  such
22    high  technology  park, rentals and similar receipts; and may
23    make its other facilities and services available  to  tenants
24    or  other  occupants  of  any  such  park  at rates which are
25    reasonable and appropriate.
26        The Trustees  shall  have  power  (a)  to  purchase  real
27    property  and easements, and (b) to acquire real property and
28    easements in the manner provided by law for the  exercise  of
29    the  right  of  eminent domain, and in the event negotiations
30    for the acquisition of real property or easements for  making
31    any  improvement  which  the  Trustees are authorized to make
32    shall have proven unsuccessful and the Trustees shall have by
33    resolution adopted a schedule or plan of  operation  for  the
34    execution  of  the project and therein made a finding that it
 
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 1    is necessary to take such property or  easements  immediately
 2    or  at  some specified later date in order to comply with the
 3    schedule, the Trustees may acquire such property or easements
 4    in the same manner provided in Sections 7-103  through  7-112
 5    of the Code of Civil Procedure.
 6        The Board of Trustees also shall have power to agree with
 7    the State's Attorney of the county in which any properties of
 8    the  Board  are  located  to pay for services rendered by the
 9    various taxing districts for the years 1944 through 1949  and
10    to  pay  annually  for  services  rendered thereafter by such
11    district such sums as may be determined  by  the  Board  upon
12    properties  used  solely for income producing purposes, title
13    to which is held by said Board of Trustees,  upon  properties
14    leased to members of the staff of the University of Illinois,
15    title  to  which  is held in trust for said Board of Trustees
16    and upon properties leased to for-profit entities  the  title
17    to  which  properties  is  held  by  the Board of Trustees. A
18    certified copy of any such agreement made  with  the  State's
19    Attorney  shall  be filed with the County Clerk and such sums
20    shall be distributed to the respective  taxing  districts  by
21    the  County  Collector  in  such proportions that each taxing
22    district will receive therefrom such proportion  as  the  tax
23    rate of such taxing district bears to the total tax rate that
24    would  be  levied  against  such  properties if they were not
25    exempt from taxation under the Property Tax Code.
26        The Board of Trustees  of  the  University  of  Illinois,
27    subject  to  the  applicable  civil  service law, may appoint
28    persons to be members of the University  of  Illinois  Police
29    Department.  Members  of the Police Department shall be peace
30    officers and as such have all powers possessed  by  policemen
31    in  cities, and sheriffs, including the power to make arrests
32    on view or warrants of violations of state statutes and  city
33    or  county  ordinances,  except  that  they may exercise such
34    powers only in counties wherein the University and any of its
 
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 1    branches or properties are located when such is required  for
 2    the  protection  of  university properties and interests, and
 3    its  students  and  personnel,  and  otherwise,  within  such
 4    counties, when requested by appropriate state  or  local  law
 5    enforcement  officials;  provided, however, that such officer
 6    shall have no power to serve and execute civil processes.
 7        The Board of Trustees must authorize to  each  member  of
 8    the University of Illinois Police Department and to any other
 9    employee  of the University of Illinois exercising the powers
10    of a peace officer a distinct badge that, on  its  face,  (i)
11    clearly states that the badge is authorized by the University
12    of Illinois and (ii) contains a unique identifying number. No
13    other   badge  shall  be  authorized  by  the  University  of
14    Illinois.
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 (b) of Section
18    5-11 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
 
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 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
 
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 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    (Source: P.A. 91-883, eff. 1-1-01; 92-370, eff. 8-15-01.)