(110 ILCS 305/7) (from Ch. 144, par. 28)
Sec. 7. Powers of trustees.
(a) The trustees shall have power to provide for the requisite
buildings, apparatus, and conveniences; to fix the rates for tuition; to
appoint such professors and instructors, and to establish and provide for
the management of such model farms, model art, and other departments and
professorships, as may be required to teach, in the most thorough manner,
such branches of learning as are related to agriculture and the mechanic
arts, and military tactics, without excluding other scientific and classical
studies. The trustees shall, upon the written request of an employee withhold
from the compensation of that employee any dues, payments or contributions
payable by such employee to any labor organization as defined in the Illinois
Educational Labor Relations Act. Under such arrangement, an amount shall
be withheld from each regular payroll period which is equal to the pro rata
share of the annual dues plus any payments or contributions, and the trustees
shall transmit such withholdings to the specified labor organization within 10
working days from the time of the withholding. They may accept the endowments
and voluntary professorships or departments in the University, from any person
or persons or corporations who may offer the same, and, at any regular
meeting of the board, may prescribe rules and regulations in relation to such
endowments and declare on what general principles they may be admitted:
Provided, that such special voluntary endowments or professorships shall
not be incompatible with the true design and scope of the act of congress,
or of this Act: Provided, that no student shall at any time be allowed to
remain in or about the University in idleness, or without full mental or
industrial occupation: And provided further, that the trustees, in the
exercise of any of the powers conferred by this Act, shall not create any
liability or indebtedness in excess of the funds in the hands of the
treasurer of the University at the time of creating such liability or
indebtedness, and which may be specially and properly applied to the
payment of the same. Except as otherwise provided in this Section, any lease to the trustees of lands, buildings or
facilities which will support scientific research and development in such
areas as high technology, super computing, microelectronics, biotechnology,
robotics, physics and engineering shall be for a term not to exceed 18 years,
and may grant to the trustees the option to purchase the lands, buildings or
facilities. The lease shall recite that it is subject to termination and
cancellation in any year for which the General Assembly fails to make an
appropriation to pay the rent payable under the terms of the lease.
Leases for the purposes described herein exceeding 5 years shall have
the approval of the Illinois Board of Higher Education.
The Board of Trustees may, directly or in cooperation with other institutions
of higher education, acquire by purchase or lease or otherwise, and construct,
enlarge, improve, equip, complete, operate, control and manage medical research
and high technology parks, together with the necessary lands, buildings,
facilities, equipment and personal property therefor, to encourage and
facilitate (a) the location and development of business and industry in the
State of Illinois, and (b) the increased application and development of
technology and (c) the improvement and development of the State's economy.
The Board of Trustees may lease to nonprofit corporations all or any part
of the land, buildings, facilities, equipment or other property included in
a medical research and high technology park upon such terms and conditions as
the University of Illinois may deem advisable and enter into any contract or
agreement with such nonprofit corporations as may be necessary or suitable for
the construction, financing, operation and maintenance and management of any
such park; and may lease to any person, firm, partnership or corporation,
either public or private, any part or all of the land, building, facilities,
equipment or other property of such park for such purposes and upon such
rentals, terms and conditions as the University may deem advisable; and may
finance all or part of the cost of any such park, including the purchase,
lease, construction, reconstruction, improvement, remodeling, addition to, and
extension and maintenance of all or part of such high technology park, and all
equipment and furnishings, by legislative appropriations, government grants,
contracts, private gifts, loans, receipts from the operation of such high
technology park, rentals and similar receipts; and may make its other
facilities and services available to tenants or other occupants of any such
park at rates which are reasonable and appropriate. The Board of Trustees may, directly or in cooperation with other members and partners of the collaborative research and academic initiative known as the Chicago Quantum Exchange, including, without limitation, other institutions of higher education, hereinafter each individually referred to as a "CQE partner", finance, design, construct, enlarge, improve, equip, complete, operate, control, and manage a facility or facilities for the research and development of quantum information sciences and technologies, hereinafter referred to as the "quantum science facilities". Notwithstanding any other provision of applicable law: (1) the quantum science facilities may be located on land owned by the Board of Trustees or a CQE partner; and (2) costs incurred in connection with the design, construction, enlargement, improvement, equipping, and completion of the quantum science facilities may be paid with funds appropriated to the Capital Development Board from the Build Illinois Bond Fund for a grant to the Board of Trustees for the quantum science facilities, whether the quantum science facilities are located on land owned by the Board of Trustees or by a CQE partner; provided, however, that if any quantum science facilities are located on land owned by a CQE partner, the use of such grant funds shall be subject to, and contingent upon, the lease by the Board of Trustees, as lessee, of a portion of such quantum science facilities for a term equal to at least the useful life of such quantum science facilities. The leased premises under any such lease shall bear a reasonable relationship to the proportional share of the costs paid by such grant funds. Any such lease shall give the Board of Trustees the right to terminate the lease before the expiration of its term if the General Assembly fails to appropriate sufficient funds to pay rent due under the lease.
The Trustees shall have power (a) to purchase real property and
easements, and (b) to acquire real property and easements in the manner
provided by law for the exercise of the right of eminent domain, and in the
event negotiations for the acquisition of real property or easements for
making any improvement which the Trustees are authorized to make shall have
proven unsuccessful and the Trustees shall have by resolution adopted a
schedule or plan of operation for the execution of the project and therein
made a finding that it is necessary to take such property or easements
immediately or at some specified later date in order to comply with the
schedule, the Trustees may acquire such property or easements in the same
manner provided in Article 20 of the Eminent Domain Act (quick-take procedure).
The Board of Trustees also shall have power to agree with the State's
Attorney of the county in which any properties of the Board are located to
pay for services rendered by the various taxing districts for the years
1944 through 1949 and to pay annually for services rendered thereafter by
such district such sums as may be determined by the Board upon properties
used solely for income producing purposes, title to which is held by said
Board of Trustees, upon properties leased to members of the staff of the
University of Illinois, title to which is held in trust for said Board of
Trustees and upon properties leased to for-profit entities the title to
which properties is held by the Board of Trustees. A certified copy of
any such agreement made with the State's Attorney shall be filed with the
County Clerk and such sums shall be distributed to the respective taxing
districts by the County Collector in such proportions that each taxing district
will receive therefrom such proportion as the tax rate of such taxing district
bears to the total tax rate that would be levied against such properties if
they were not exempt from taxation under the Property Tax Code.
The Board of Trustees of the University of Illinois, subject to the
applicable civil service law, may appoint persons to be members of the
University of Illinois Police Department. Members of the Police Department
shall be peace officers and as such have all powers possessed by policemen
in cities, and sheriffs, including the power to make arrests on view or
warrants of violations of state statutes and city or county ordinances,
except that they may exercise such powers only in counties wherein the
University and any of its branches or properties are located when such is
required for the protection of university properties and interests, and its
students and personnel, and otherwise, within such counties, when requested
by appropriate state or local law enforcement officials; provided, however,
that such officer shall have no power to serve and execute civil processes.
The Board of Trustees must authorize to each member of the University of
Illinois
Police
Department
and to any other employee of the University of Illinois exercising the powers
of a peace officer
a distinct badge
that, on its face, (i) clearly states that the badge is authorized by the
University of
Illinois and (ii)
contains a unique identifying number.
No other badge shall be authorized by
the University of Illinois.
Nothing in this paragraph prohibits the Board of Trustees from issuing
shields
or other distinctive identification to employees not exercising the powers of a
peace officer if the Board of Trustees determines that a shield or distinctive
identification is needed by the employee to carry out his or her
responsibilities.
The Board of Trustees may own, operate, or govern, by or through the
College of Medicine at Peoria, a managed care community network established
under subsection (b) of Section 5-11 of the Illinois
Public Aid Code.
The powers of the trustees as herein designated are subject to the provisions
of "An Act creating a Board of Higher Education, defining its powers and
duties, making an appropriation therefor, and repealing an Act herein named",
approved August 22, 1961, as amended.
The Board of Trustees shall have the authority to adopt all administrative
rules which may be necessary for the effective administration, enforcement and
regulation of all matters for which the Board has jurisdiction or
responsibility.
(b) To assist in the provision of buildings and facilities beneficial to,
useful for, or supportive of University purposes, the Board of Trustees of the
University of Illinois may exercise the following powers with regard to the
area located on or adjacent to the University of Illinois at Chicago campus and
bounded as follows: on the West by Morgan Street; on the North by
Roosevelt Road; on the East by Union Street; and on
the South by 16th
Street, in the City of Chicago:
(1) Acquire any interests in land, buildings, or |
Any buildings or facilities to be developed on the land shall be buildings or
facilities that, in the determination of the Board of Trustees, in whole
or in part: (i) are for use by the University; or (ii) otherwise advance the
interests of the University, including, by way of example, residential
facilities for University staff and students and commercial facilities which
provide services needed by the University
community. Revenues from the development fund account may be withdrawn by
the University for the purpose of demolition and the processes associated with
demolition; routine land and property acquisition; extension of utilities;
streetscape work; landscape work; surface and structure parking; sidewalks,
recreational paths, and street construction; and lease and lease purchase
arrangements and the professional services associated with the planning and
development of the area. Moneys from the development fund account used for any
other purpose must be deposited into and appropriated from the General Revenue
Fund. Buildings or facilities leased to
an
entity
or person other than the University shall not be subject to any limitations
applicable to a State supported college or university under any law. All
development on the land and all use of any buildings or facilities shall be
subject to the control and approval of the Board of Trustees.
(c) The Board of Trustees shall have the power to borrow money, as necessary, from time to time in anticipation of receiving tuition, payments from the State of Illinois, or other revenues or receipts of the University, also known as anticipated moneys. The borrowing limit shall be capped at 100% of the total amount of payroll and other expense vouchers submitted and payable to the University for fiscal year 2010 expenses, but unpaid by the State Comptroller's office. Prior to borrowing any funds, the University shall request from the Comptroller's office a verification of the borrowing limit and shall include the estimated date on which such borrowing shall occur. The borrowing limit cap shall be verified by the State Comptroller's office not prior to 45 days before any estimated date for executing any promissory note or line of credit established under this subsection (c). The principal amount borrowed under a promissory note or line of credit shall not exceed 75% of the borrowing limit. Within 15 days after borrowing funds under any promissory note or line of credit established under this subsection (c), the University shall submit to the Governor's Office of Management and Budget, the Speaker of the House of Representatives, the Minority Leader of the House of Representatives, the President of the Senate, and the Minority Leader of the Senate an Emergency Short Term Cash Management Plan. The Emergency Short Term Cash Management Plan shall outline the amount borrowed, the terms for repayment, the amount of outstanding State vouchers as verified by the State Comptroller's office, and the University's plan for expenditure of any borrowed funds, including, but not limited to, a detailed plan to meet payroll obligations to include collective bargaining employees, civil service employees, and academic, research, and health care personnel. The establishment of any promissory note or line of credit established under this subsection (c) must be finalized within 90 days after the effective date of this amendatory Act of the 96th General Assembly. The borrowed moneys shall be applied to the purposes of paying salaries and other expenses lawfully authorized in the University's State appropriation and unpaid by the State Comptroller. Any line of credit established under this subsection (c) shall be paid in full one year after creation or within 10 days after the date the University receives reimbursement from the State for all submitted fiscal year 2010 vouchers, whichever is earlier. Any promissory note established under this subsection (c) shall be repaid within one year after issuance of the note. The Chairman, Comptroller, or Treasurer of the Board shall execute a promissory note or similar debt instrument to evidence the indebtedness incurred by the borrowing. In connection with a borrowing, the Board may establish a line of credit with a financial institution, investment bank, or broker/dealer.
The obligation to make the payments due under any promissory note or line of credit established under this subsection (c) shall be a lawful obligation of the University payable from the anticipated moneys. Any borrowing under this subsection (c) shall not constitute a debt, legal or moral, of the State and shall not be enforceable against the State. The promissory note or line of credit shall be authorized by a resolution passed by the Board and shall be valid whether or not a budgeted item with respect to that resolution is included in any annual or supplemental budget adopted by the Board. The resolution shall set forth facts demonstrating the need for the borrowing, state an amount that the amount to be borrowed will not exceed, and establish a maximum interest rate limit not to exceed the maximum rate authorized by the Bond Authorization Act or 9%, whichever is less. The resolution may direct the Comptroller or Treasurer of the Board to make arrangements to set apart and hold the portion of the anticipated moneys, as received, that shall be used to repay the borrowing, subject to any prior pledges or restrictions with respect to the anticipated moneys. The resolution may also authorize the Treasurer of the Board to make partial repayments of the borrowing as the anticipated moneys become available and may contain any other terms, restrictions, or limitations not inconsistent with the powers of the Board.
For the purposes of this subsection (c), "financial institution" means any bank subject to the Illinois Banking Act, any savings and loan association subject to the Illinois Savings and Loan Act of 1985, and any federally chartered commercial bank or savings and loan association or government-sponsored enterprise organized and operated in this State pursuant to the laws of the United States.
(Source: P.A. 102-16, eff. 6-17-21.)
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