Full Text of HB2865 94th General Assembly
HB2865 94TH GENERAL ASSEMBLY
|
|
|
94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB2865
Introduced 2/22/2005, by Rep. Tom Cross SYNOPSIS AS INTRODUCED: |
|
110 ILCS 305/7 |
from Ch. 144, par. 28 |
|
Amends the University of Illinois Act. Makes a technical change in a Section
concerning the powers of trustees.
|
| |
|
|
A BILL FOR
|
|
|
|
|
HB2865 |
|
LRB094 06655 RAS 36749 b |
|
| 1 |
| AN ACT concerning education.
| 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
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 instructors, | 11 |
| and to establish and provide for
the management of such model | 12 |
| farms, model art, and other departments and
professorships, as | 13 |
| may be required to teach, in the most thorough manner,
such | 14 |
| branches of learning as are related to agriculture and the | 15 |
| mechanic
arts, and military tactics, without excluding other | 16 |
| scientific and classical
studies. The trustees shall, upon the | 17 |
| written request of an employee withhold
from the compensation | 18 |
| of that employee any dues, payments or contributions
payable by | 19 |
| such employee to any labor organization as defined in the | 20 |
| Illinois
Educational Labor Relations Act. Under such | 21 |
| arrangement, an amount shall
be withheld from each regular | 22 |
| payroll period which is equal to the pro rata
share of the | 23 |
| annual dues plus any payments or contributions, and the | 24 |
| trustees
shall transmit such withholdings to the specified | 25 |
| labor organization within 10
working days from the time of the | 26 |
| withholding. They may accept the endowments
and voluntary | 27 |
| professorships or departments in the University, from any | 28 |
| person
or persons or corporations who may offer the same, and, | 29 |
| at any regular
meeting of the board, may prescribe rules and | 30 |
| regulations in relation to such
endowments and declare on what | 31 |
| general principles they may be admitted:
Provided, that such | 32 |
| special voluntary endowments or professorships shall
not be |
|
|
|
HB2865 |
- 2 - |
LRB094 06655 RAS 36749 b |
|
| 1 |
| incompatible with the true design and scope of the act of | 2 |
| congress,
or of this Act: Provided, that no student shall at | 3 |
| any time be allowed to
remain in or about the University in | 4 |
| idleness, or without full mental or
industrial occupation: And | 5 |
| provided further, that the trustees, in the
exercise of any of | 6 |
| the powers conferred by this Act, shall not create any
| 7 |
| liability or indebtedness in excess of the funds in the hands | 8 |
| of the
treasurer of the University at the time of creating such | 9 |
| liability or
indebtedness, and which may be specially and | 10 |
| properly applied to the
payment of the same. Any lease to the | 11 |
| trustees of lands, buildings or
facilities which will support | 12 |
| scientific research and development in such
areas as high | 13 |
| technology, super computing, microelectronics, biotechnology,
| 14 |
| robotics, physics and engineering shall be for a term not to | 15 |
| exceed 18 years,
and may grant to the trustees the option to | 16 |
| purchase the lands, buildings or
facilities. The lease shall | 17 |
| recite that it is subject to termination and
cancellation in | 18 |
| any year for which the General Assembly fails to make an
| 19 |
| appropriation to pay the rent payable under the terms of the | 20 |
| lease. | 21 |
| Leases for the purposes described herein exceeding 5 years | 22 |
| shall have
the approval of the Illinois Board of Higher | 23 |
| Education.
| 24 |
| The Board of Trustees may, directly or in cooperation with | 25 |
| other institutions
of higher education, acquire by purchase or | 26 |
| lease or otherwise, and construct,
enlarge, improve, equip, | 27 |
| complete, operate, control and manage medical research
and high | 28 |
| technology parks, together with the necessary lands, | 29 |
| buildings,
facilities, equipment and personal property | 30 |
| therefor, to encourage and
facilitate (a) the location and | 31 |
| development of business and industry in the
State of Illinois, | 32 |
| and (b) the increased application and development of
technology | 33 |
| and (c) the improvement and development of the State's economy.
| 34 |
| The Board of Trustees may lease to nonprofit corporations all | 35 |
| or any part
of the land, buildings, facilities, equipment or | 36 |
| other property included in
a medical research and high |
|
|
|
HB2865 |
- 3 - |
LRB094 06655 RAS 36749 b |
|
| 1 |
| technology park upon such terms and conditions as
the | 2 |
| University of Illinois may deem advisable and enter into any | 3 |
| contract or
agreement with such nonprofit corporations as may | 4 |
| be necessary or suitable for
the construction, financing, | 5 |
| operation and maintenance and management of any
such park; and | 6 |
| may lease to any person, firm, partnership or corporation,
| 7 |
| either public or private, any part or all of the land, | 8 |
| building, facilities,
equipment or other property of such park | 9 |
| for such purposes and upon such
rentals, terms and conditions | 10 |
| as the University may deem advisable; and may
finance all or | 11 |
| part of the cost of any such park, including the purchase,
| 12 |
| lease, construction, reconstruction, improvement, remodeling, | 13 |
| addition to, and
extension and maintenance of all or part of | 14 |
| such high technology park, and all
equipment and furnishings, | 15 |
| by legislative appropriations, government grants,
contracts, | 16 |
| private gifts, loans, receipts from the operation of such high
| 17 |
| technology park, rentals and similar receipts; and may make its | 18 |
| other
facilities and services available to tenants or other | 19 |
| occupants of any such
park at rates which are reasonable and | 20 |
| appropriate.
| 21 |
| The Trustees shall have power (a) to purchase real property | 22 |
| and
easements, and (b) to acquire real property and easements | 23 |
| in the manner
provided by law for the exercise of the right of | 24 |
| eminent domain, and in the
event negotiations for the | 25 |
| acquisition of real property or easements for
making any | 26 |
| improvement which the Trustees are authorized to make shall | 27 |
| have
proven unsuccessful and the Trustees shall have by | 28 |
| resolution adopted a
schedule or plan of operation for the | 29 |
| execution of the project and therein
made a finding that it is | 30 |
| necessary to take such property or easements
immediately or at | 31 |
| some specified later date in order to comply with the
schedule, | 32 |
| the Trustees may acquire such property or easements in the same
| 33 |
| manner provided in Sections 7-103 through 7-112 of the Code of | 34 |
| Civil
Procedure.
| 35 |
| The Board of Trustees also shall have power to agree with | 36 |
| the State's
Attorney of the county in which any properties of |
|
|
|
HB2865 |
- 4 - |
LRB094 06655 RAS 36749 b |
|
| 1 |
| the Board are located to
pay for services rendered by the | 2 |
| various taxing districts for the years
1944 through 1949 and to | 3 |
| pay annually for services rendered thereafter by
such district | 4 |
| such sums as may be determined by the Board upon properties
| 5 |
| used solely for income producing purposes, title to which is | 6 |
| held by said
Board of Trustees, upon properties leased to | 7 |
| members of the staff of the
University of Illinois, title to | 8 |
| which is held in trust for said Board of
Trustees and upon | 9 |
| properties leased to for-profit entities the title to
which | 10 |
| properties is held by the Board of Trustees. A certified copy | 11 |
| of
any such agreement made with the State's Attorney shall be | 12 |
| filed with the
County Clerk and such sums shall be distributed | 13 |
| to the respective taxing
districts by the County Collector in | 14 |
| such proportions that each taxing district
will receive | 15 |
| therefrom such proportion as the tax rate of such taxing | 16 |
| district
bears to the total tax rate that would be levied | 17 |
| against such properties if
they were not exempt from taxation | 18 |
| under the Property Tax Code.
| 19 |
| The Board of Trustees of the University of Illinois, | 20 |
| subject to the
applicable civil service law, may appoint | 21 |
| persons to be members of the
University of Illinois Police | 22 |
| Department. Members of the Police Department
shall be peace | 23 |
| officers and as such have all powers possessed by policemen
in | 24 |
| cities, and sheriffs, including the power to make arrests on | 25 |
| view or
warrants of violations of state statutes and city or | 26 |
| county ordinances,
except that they may exercise such powers | 27 |
| only in counties wherein the
University and any of its branches | 28 |
| or properties are located when such is
required for the | 29 |
| protection of university properties and interests, and its
| 30 |
| students and personnel, and otherwise, within such counties, | 31 |
| when requested
by appropriate state or local law enforcement | 32 |
| officials; provided, however,
that such officer shall have no | 33 |
| power to serve and execute civil processes.
| 34 |
| The Board of Trustees must authorize to each member of the | 35 |
| University of
Illinois
Police
Department
and to any other | 36 |
| employee of the University of Illinois exercising the powers
of |
|
|
|
HB2865 |
- 5 - |
LRB094 06655 RAS 36749 b |
|
| 1 |
| a peace officer
a distinct badge
that, on its face, (i) clearly | 2 |
| states that the badge is authorized by the
University of
| 3 |
| Illinois and (ii)
contains a unique identifying number.
No | 4 |
| other badge shall be authorized by
the University of Illinois.
| 5 |
| Nothing in this paragraph prohibits the Board of Trustees from | 6 |
| issuing
shields
or other distinctive identification to | 7 |
| employees not exercising the powers of a
peace officer if the | 8 |
| Board of Trustees determines that a shield or distinctive
| 9 |
| identification is needed by the employee to carry out his or | 10 |
| her
responsibilities.
| 11 |
| The Board of Trustees may own, operate, or govern, by or | 12 |
| through the
College of Medicine at Peoria, a managed care | 13 |
| community network established
under subsection (b) of Section | 14 |
| 5-11 of the Illinois
Public Aid Code.
| 15 |
| The powers of the trustees as herein designated are subject | 16 |
| to the provisions
of "An Act creating a Board of Higher | 17 |
| Education, defining its powers and
duties, making an | 18 |
| appropriation therefor, and repealing an Act herein named",
| 19 |
| approved August 22, 1961, as amended.
| 20 |
| The Board of Trustees shall have the authority to adopt all | 21 |
| administrative
rules which may be necessary for the effective | 22 |
| administration, enforcement and
regulation of all matters for | 23 |
| which the Board has jurisdiction or
responsibility.
| 24 |
| (b) To assist in the provision of buildings and facilities | 25 |
| beneficial to,
useful for, or supportive of University | 26 |
| purposes, the Board of Trustees of the
University of Illinois | 27 |
| may exercise the following powers with regard to the
area | 28 |
| located on or adjacent to the University of Illinois at Chicago | 29 |
| campus and
bounded as follows: on the West by Morgan Street; on | 30 |
| the North by
Roosevelt Road; on the East by Union Street; and | 31 |
| on
the South by 16th
Street, in the City of Chicago:
| 32 |
| (1) Acquire any interests in land, buildings, or | 33 |
| facilities by purchase,
including installments payable | 34 |
| over a period allowed by law, by lease over a
term of such | 35 |
| duration as the Board of Trustees shall determine, or by
| 36 |
| exercise of the power of eminent domain;
|
|
|
|
HB2865 |
- 6 - |
LRB094 06655 RAS 36749 b |
|
| 1 |
| (2) Sub-lease or contract to purchase through | 2 |
| installments all or any
portion of buildings or facilities | 3 |
| for such duration and on such terms as the
Board of | 4 |
| Trustees shall determine, including a term that exceeds 5 | 5 |
| years,
provided that each such lease or purchase contract | 6 |
| shall be and shall recite
that it is subject to termination | 7 |
| and cancellation in any year for which the
General Assembly | 8 |
| fails to make an appropriation to pay the rent or purchase
| 9 |
| installments payable under the terms of such lease or | 10 |
| purchase contract; and
| 11 |
| (3) Sell property without compliance with the State | 12 |
| Property Control Act
and retain proceeds in the University | 13 |
| Treasury in a special, separate
development fund account | 14 |
| which the Auditor General shall examine to assure
| 15 |
| compliance with this Act.
| 16 |
| Any buildings or facilities to be developed on the land shall | 17 |
| be buildings or
facilities that, in the determination of the | 18 |
| Board of Trustees, in whole
or in part: (i) are for use by the | 19 |
| University; or (ii) otherwise advance the
interests of the | 20 |
| University, including, by way of example, residential
| 21 |
| facilities for University staff and students and commercial | 22 |
| facilities which
provide services needed by the University
| 23 |
| community. Revenues from the development fund account may be | 24 |
| withdrawn by
the University for the purpose of demolition and | 25 |
| the processes associated with
demolition; routine land and | 26 |
| property acquisition; extension of utilities;
streetscape | 27 |
| work; landscape work; surface and structure parking; | 28 |
| sidewalks,
recreational paths, and street construction; and | 29 |
| lease and lease purchase
arrangements and the professional | 30 |
| services associated with the planning and
development of the | 31 |
| area. Moneys from the development fund account used for any
| 32 |
| other purpose must be deposited into and appropriated from the | 33 |
| General Revenue
Fund. Buildings or facilities leased to
an
| 34 |
| entity
or person other than the University shall not be subject | 35 |
| to any limitations
applicable to a State supported college or | 36 |
| university under any law. All
development on the land and all |
|
|
|
HB2865 |
- 7 - |
LRB094 06655 RAS 36749 b |
|
| 1 |
| use of any buildings or facilities shall be
subject to the | 2 |
| control and approval of the Board of Trustees.
| 3 |
| (Source: P.A. 92-370, eff. 8-15-01; 93-423, eff. 8-5-03.)
|
|