State of Illinois
91st General Assembly

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[ Introduced ][ Engrossed ][ House Amendment 001 ]
[ Senate Amendment 001 ]


SB916 Enrolled                                 LRB9102632NTsb

 1        AN ACT to amend the Eastern Illinois  University  Law  by
 2    changing Sections 10-40 and 10-45.

 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:

 5        Section  5.   The  Eastern  Illinois  University  Law  is
 6    amended by changing Sections 10-40 and 10-45 as follows:

 7        (110 ILCS 665/10-40)
 8        Sec. 10-40.  Contracts, conveyances,  expenditures.   The
 9    Board shall have power to enter into contracts and to sue and
10    be  sued, provided that any suit against the Board based upon
11    a claim sounding in tort  must  be  filed  in  the  Court  of
12    Claims;  to acquire by purchase, eminent domain or otherwise,
13    and to hold and convey title to real  property  as  it  shall
14    deem appropriate and personal property in accordance with the
15    State  Property  Control Act, except as otherwise provided in
16    subsection (c) of Section 10-45 of this Law;  and  to  expend
17    the  funds  appropriated  to  or  lawfully  belonging  to the
18    Eastern Illinois University, provided that the Board  in  the
19    exercise  of  the  powers conferred by this Article shall not
20    create any liability or indebtedness of funds from the  State
21    Treasury  in  excess  of  the  funds  appropriated to Eastern
22    Illinois University.
23        All real property acquired by the Board shall be held for
24    the People of the State of Illinois, for the use  of  Eastern
25    Illinois University.
26        Any  lease to the Board of lands, buildings or facilities
27    which will support scientific  research  and  development  in
28    such    areas    as   high   technology,   super   computing,
29    microelectronics,  biotechnology,   robotics,   physics   and
30    engineering  shall  be for a term not to exceed 18 years, and
31    may grant to the Board the  option  to  purchase  the  lands,
SB916 Enrolled             -2-                 LRB9102632NTsb
 1    buildings  or  facilities.  The lease shall recite that it is
 2    subject to termination and cancellation in any year for which
 3    the General Assembly fails to make an  appropriation  to  pay
 4    the rent payable under the terms of the lease.
 5        Leases  for  the  purposes  described  herein exceeding 5
 6    years shall have the approval of the Illinois Board of Higher
 7    Education.
 8        The Board's power to enter into contracts includes but is
 9    not limited  to  the  power  to  enter  into  contracts  with
10    municipalities  within  which  the  University  or any branch
11    thereof  is  located,  in  whole  or  in   part,   for   such
12    municipality  to  provide  fire protection or other essential
13    municipal  services  upon  properties  leased  to  for-profit
14    entities the title to which properties is held by the  Board.
15    The  Board  shall  pay  to  the  municipality  concerned such
16    equitable  portion  of  the  cost  of  providing  such   fire
17    protection  or  other essential municipal service as shall be
18    agreed to by the Board, and as part of the  compensation  for
19    such   fire   protection  the  Board  may  provide  land  and
20    buildings, or either, for fire stations to  be  used  by  the
21    municipality.
22    (Source: P.A. 89-4, eff. 1-1-96.)

23        (110 ILCS 665/10-45)
24        Sec. 10-45.  Powers and duties.
25        (a)  The  Board also shall have power and it shall be its
26    duty:
27             (1)  To make  rules,  regulations  and  bylaws,  not
28        inconsistent  with law, for the government and management
29        of Eastern Illinois University and its branches.;
30             (2)  To employ, and, for good  cause,  to  remove  a
31        President   of   Eastern  Illinois  University,  and  all
32        necessary  deans,   professors,   associate   professors,
33        assistant  professors, instructors, other educational and
SB916 Enrolled             -3-                 LRB9102632NTsb
 1        administrative  assistants,  and  all   other   necessary
 2        employees,  and  to  prescribe  their duties and contract
 3        with them upon matters relating to tenure,  salaries  and
 4        retirement   benefits   in   accordance  with  the  State
 5        Universities  Civil  Service  Act.   Whenever  the  Board
 6        establishes a search committee to fill  the  position  of
 7        President  of Eastern Illinois University, there shall be
 8        minority representation, including women, on that  search
 9        committee.   The Board shall, upon the written request of
10        an employee of Eastern Illinois University, withhold from
11        the compensation of that employee any dues,  payments  or
12        contributions  payable  by  such  employee  to  any labor
13        organization as defined in the Illinois Educational Labor
14        Relations Act.  Under such arrangement, an  amount  shall
15        be  withheld  from  each  regular payroll period which is
16        equal to the pro rata share of the annual dues  plus  any
17        payments  or  contributions, and the Board shall transmit
18        such withholdings to  the  specified  labor  organization
19        within 10 working days from the time of the withholding.;
21             (3)  To   prescribe  the  courses  of  study  to  be
22        followed, and textbooks  and  apparatus  to  be  used  at
23        Eastern Illinois University.;
24             (4)  To   issue   upon  the  recommendation  of  the
25        faculty, diplomas to such persons as have  satisfactorily
26        completed   the  required  studies  of  Eastern  Illinois
27        University, and confer  such  professional  and  literary
28        degrees as are usually conferred by other institutions of
29        like  character  for  similar  or  equivalent  courses of
30        study, or such as the Board may deem appropriate.;
31             (5)  To examine into the conditions, management, and
32        administration of Eastern Illinois University, to provide
33        the  requisite  buildings,   apparatus,   equipment   and
34        auxiliary   enterprises,   and   to   fix   and   collect
SB916 Enrolled             -4-                 LRB9102632NTsb
 1        matriculation   fees;  tuition  fees;  fees  for  student
 2        activities; fees for student facilities such  as  student
 3        union  buildings  or  field  houses  or  stadia  or other
 4        recreational facilities; student welfare fees; laboratory
 5        fees; and similar fees for supplies  and  materials.  The
 6        expense   of   the  building,  improving,  repairing  and
 7        supplying fuel and furniture and the necessary appliances
 8        and apparatus for conducting Eastern Illinois University,
 9        the reimbursed expenses of members of the Board, and  the
10        salaries  or  compensation  of the President, assistants,
11        agents  and   other   employees   of   Eastern   Illinois
12        University,  shall  be  a charge upon the State Treasury.
13        All other expenses shall be chargeable against  students,
14        and the Board shall regulate the charges accordingly.;
15             (6)  To  succeed  to  and  to administer all trusts,
16        trust property, and gifts now or hereafter  belonging  or
17        pertaining to Eastern Illinois University.;
18             (7)  To   accept  endowments  of  professorships  or
19        departments  in  Eastern  Illinois  University  from  any
20        person who may proffer them and, at regular meetings,  to
21        prescribe rules and regulations in relation to endowments
22        and  declare  on  what  general  principles  they  may be
23        accepted.;
24             (8)  To  enter  into  contracts  with  the   Federal
25        government for providing courses of instruction and other
26        services  at  Eastern  Illinois  University  for  persons
27        serving  in  or  with the military or naval forces of the
28        United States, and to provide such courses of instruction
29        and other services.;
30             (9)  To contract with  respect  to  the  Cooperative
31        Computer  Center to obtain services related to electronic
32        data processing.;
33             (10)  To provide for the receipt and expenditures of
34        Federal funds paid to Eastern Illinois University by  the
SB916 Enrolled             -5-                 LRB9102632NTsb
 1        Federal government for instruction and other services for
 2        persons  serving  in or with the military or naval forces
 3        of the United States, and to provide for audits  of  such
 4        funds.;
 5             (11)  To  appoint,  subject  to the applicable civil
 6        service  law,  persons  to  be  members  of  the  Eastern
 7        Illinois University Police  Department.  Members  of  the
 8        Police  Department shall be conservators of the peace and
 9        as such have all powers possessed by policemen in cities,
10        and sheriffs, including the power to make arrests on view
11        or warrants of violations of State  statutes,  University
12        rules  and  regulations  and  city  or county ordinances,
13        except that they may exercise  such  powers  only  within
14        counties  wherein  Eastern Illinois University and any of
15        its branches or  properties  are  located  when  such  is
16        required  for the protection of University properties and
17        interests, and its students and personnel, and otherwise,
18        within such counties, when requested by appropriate State
19        or  local  law  enforcement  officials.   However,   such
20        officers  shall  have no power to serve and execute civil
21        processes.;
22        (b) (12)  The Board may, directly or in cooperation  with
23    other  institutions  of higher education, acquire by purchase
24    or lease  or  otherwise,  and  construct,  enlarge,  improve,
25    equip,  complete,  operate,  control  and manage research and
26    high technology parks, together  with  the  necessary  lands,
27    buildings,   facilities,  equipment,  and  personal  property
28    therefor, to encourage and facilitate (i)  the  location  and
29    development   of  business  and  industry  in  the  State  of
30    Illinois, and (ii) the increased application and  development
31    of  technology,  and (iii) the improvement and development of
32    the State's  economy.   The  Board  may  lease  to  nonprofit
33    corporations   all  or  any  part  of  the  land,  buildings,
34    facilities,  equipment  or  other  property  included  in   a
SB916 Enrolled             -6-                 LRB9102632NTsb
 1    research  and  high  technology  park  upon  such  terms  and
 2    conditions as the Board 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;
 6    and   may   lease   to   any  person,  firm,  partnership  or
 7    corporation, either public or private, any part or all of the
 8    land, building, facilities, equipment or  other  property  of
 9    such  park for such purposes and upon such rentals, terms and
10    conditions as the Board may deem advisable; and  may  finance
11    all  or  part  of  the  cost  of any such park, including the
12    purchase, lease, construction,  reconstruction,  improvement,
13    remodeling, addition to, and extension and maintenance of all
14    or  part  of such high technology park, and all equipment and
15    furnishings,  by   legislative   appropriations,   government
16    grants,  contracts,  private  gifts, loans, receipts from the
17    operation of such high technology park, rentals  and  similar
18    receipts;  and  may  make  its  other facilities and services
19    available to tenants or other occupants of any such  park  at
20    rates which are reasonable and appropriate.
21        (c)  The  Board may sell the following described property
22    without compliance with the State Property  Control  Act  and
23    retain  the proceeds in the University treasury in a special,
24    separate development fund account that  the  Auditor  General
25    shall examine to assure compliance with this Law:
26        Lots  511  and 512 in Heritage Woods V, Charleston, Coles
27        County, Illinois.
28    Revenues from the development fund account may  be  withdrawn
29    by  the University for the purpose of upgrading the on-campus
30    formal reception facility.  Moneys from the development  fund
31    account used for any other purpose must be deposited into and
32    appropriated from the General Revenue Fund.
33    (Source: P.A. 89-4, eff. 1-1-96.)
SB916 Enrolled             -7-                 LRB9102632NTsb
 1        Section  99.  Effective date.  This Act takes effect upon
 2    becoming law.

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