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91_SB1852eng SB1852 Engrossed LRB9113164NTsb 1 AN ACT concerning 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 Illinois Procurement Code is amended by 5 changing Sections 20-60, 30-30, 40-25, and 53-25 as follows: 6 (30 ILCS 500/20-60) 7 Sec. 20-60. Duration of contracts. 8 (a) Maximum duration. A contract may be entered into 9 for any period of time deemed to be in the best interests of 10 the State but not exceeding 10 years. The length of a lease 11 for real property or capital improvements shall be in 12 accordance with the provisions of Section 40-25. This 13 subsection (a) does not apply to contracts and leases entered 14 into under subsection (c) of Section 7 of the University of 15 Illinois Act. 16 (b) Subject to appropriation. All contracts made or 17 entered into shall recite that they are subject to 18 termination and cancellation in any year for which the 19 General Assembly fails to make an appropriation to make 20 payments under the terms of the contract. 21 (Source: P.A. 90-572, eff. date - See Sec. 99-5.) 22 (30 ILCS 500/30-30) 23 Sec. 30-30. Contracts in excess of $250,000. 24 (a) For building construction contracts in excess of 25 $250,000, separate specifications shall be prepared for all 26 equipment, labor, and materials in connection with the 27 following 5 subdivisions of the work to be performed: 28 (1) plumbing; 29 (2) heating, piping, refrigeration, and automatic 30 temperature control systems, including the testing and SB1852 Engrossed -2- LRB9113164NTsb 1 balancing of those systems; 2 (3) ventilating and distribution systems for 3 conditioned air, including the testing and balancing of 4 those systems; 5 (4) electric wiring; and 6 (5) general contract work. 7 The specifications must be so drawn as to permit separate 8 and independent bidding upon each of the 5 subdivisions of 9 work. All contracts awarded for any part thereof shall award 10 the 5 subdivisions of work separately to responsible and 11 reliable persons, firms, or corporations engaged in these 12 classes of work. The contracts, at the discretion of the 13 construction agency, may be assigned to the successful bidder 14 on the general contract work or to the successful bidder on 15 the subdivision of work designated by the construction agency 16 before the bidding as the prime subdivision of work, provided 17 that all payments will be made directly to the contractors 18 for the 5 subdivisions of work upon compliance with the 19 conditions of the contract. A contract may be let for one or 20 more buildings in any project to the same contractor. The 21 specifications shall require, however, that unless the 22 buildings are identical, a separate price shall be submitted 23 for each building. The contract may be awarded to the lowest 24 responsible bidder for each or all of the buildings included 25 in the specifications. 26 (b) This Section does not apply to contracts entered 27 into under subsection (c) of Section 7 of the University of 28 Illinois Act. A design/build procurement process may be used 29 for the construction of business research and technology 30 parks under subsection (c) of Section 7 of the University of 31 Illinois Act. 32 (Source: P.A. 90-572, eff. date - See Sec. 99-5.) 33 (30 ILCS 500/40-25) SB1852 Engrossed -3- LRB9113164NTsb 1 Sec. 40-25. Length of leases. 2 (a) Maximum term. Leases shall be for a term not to 3 exceed 10 years and shall include a termination option in 4 favor of the State after 5 years. This subsection (a) does 5 not apply to leases entered into under subsection (c) of 6 Section 7 of the University of Illinois Act. 7 (b) Renewal. Leases may include a renewal option. An 8 option to renew may be exercised only when a State purchasing 9 officer determines in writing that renewal is in the best 10 interest of the State and notice of the exercise of the 11 option is published in the appropriate volume of the 12 Procurement Bulletin at least 60 days prior to the exercise 13 of the option. 14 (c) Subject to appropriation. All leases shall recite 15 that they are subject to termination and cancellation in any 16 year for which the General Assembly fails to make an 17 appropriation to make payments under the terms of the lease. 18 (Source: P.A. 90-572, eff. date - See Sec. 99-5.) 19 (30 ILCS 500/53-25) 20 Sec. 53-25. Public institutions of higher education. 21 Each public institution of higher education may enter into 22 concessions, including the assignment, license, sale, or 23 transfer of interests in or rights to discoveries, 24 inventions, patents, or copyrightable works, for property, 25 whether tangible or intangible, over which it has 26 jurisdiction. Concessions shall be reduced to writing and 27 shall be awarded at the discretion of the institution with 28 jurisdiction over the property. The duration and terms of 29 concessions and leases shall be at the discretion of the 30 institution with jurisdiction over the property. Notice of 31 the award of a concession shall be published in the higher 32 education volume of the Illinois Procurement Bulletin. For 33 the purposes of this Section, the University of Illinois is SB1852 Engrossed -4- LRB9113164NTsb 1 deemed to have jurisdiction over property with respect to 2 business research and technology parks established under 3 subsection (c) of Section 7 of the University of Illinois 4 Act. 5 (Source: P.A. 90-572, eff. date - See Sec. 99-5.) 6 Section 10. The University of Illinois Act is amended by 7 changing Section 7 as follows: 8 (110 ILCS 305/7) (from Ch. 144, par. 28) 9 Sec. 7. Powers of trustees. 10 (a) The trustees shall have power to provide for the 11 requisite buildings, apparatus, and conveniences; to fix the 12 rates for tuition; to appoint such professors and 13 instructors, and to establish and provide for the management 14 of such model farms, model art, and other departments and 15 professorships, as may be required to teach, in the most 16 thorough manner, such branches of learning as are related to 17 agriculture and the mechanic arts, and military tactics, 18 without excluding other scientific and classical studies. The 19 trustees shall, upon the written request of an employee 20 withhold from the compensation of that employee any dues, 21 payments or contributions payable by such employee to any 22 labor organization as defined in the Illinois Educational 23 Labor Relations Act. Under such arrangement, an amount shall 24 be withheld from each regular payroll period which is equal 25 to the pro rata share of the annual dues plus any payments or 26 contributions, and the trustees shall transmit such 27 withholdings to the specified labor organization within 10 28 working days from the time of the withholding. They may 29 accept the endowments and voluntary professorships or 30 departments in the University, from any person or persons or 31 corporations who may offer the same, and, at any regular 32 meeting of the board, may prescribe rules and regulations in SB1852 Engrossed -5- LRB9113164NTsb 1 relation to such endowments and declare on what general 2 principles they may be admitted: Provided, that such special 3 voluntary endowments or professorships shall not be 4 incompatible with the true design and scope of the act of 5 congress, or of this Act: Provided, that no student shall at 6 any time be allowed to remain in or about the University in 7 idleness, or without full mental or industrial occupation: 8 And provided further, that the trustees, in the exercise of 9 any of the powers conferred by this Act, shall not create any 10 liability or indebtedness in excess of the funds in the hands 11 of the treasurer of the University at the time of creating 12 such liability or indebtedness, and which may be specially 13 and properly applied to the payment of the same. Any lease to 14 the trustees of lands, buildings or facilities which will 15 support scientific research and development in such areas as 16 high technology, super computing, microelectronics, 17 biotechnology, robotics, physics and engineering shall be for 18 a term not to exceed 18 years, and may grant to the trustees 19 the option to purchase the lands, buildings or facilities. 20 The lease shall recite that it is subject to termination and 21 cancellation in any year for which the General Assembly fails 22 to make an appropriation to pay the rent payable under the 23 terms of the lease. 24 Leases for the purposes described herein exceeding 5 25 years shall have the approval of the Illinois Board of Higher 26 Education. 27 The Board of Trustees may, directly or in cooperation 28 with other institutions of higher education, acquire by 29 purchase or lease or otherwise, and construct, enlarge, 30 improve, equip, complete, operate, control and manage medical 31 research and high technology parks, together with the 32 necessary lands, buildings, facilities, equipment and 33 personal property therefor, to encourage and facilitate (a) 34 the location and development of business and industry in the SB1852 Engrossed -6- LRB9113164NTsb 1 State of Illinois, and (b) the increased application and 2 development of technology and (c) the improvement and 3 development of the State's economy. The Board of Trustees may 4 lease to nonprofit corporations all or any part of the land, 5 buildings, facilities, equipment or other property included 6 in a medical research and high technology park upon such 7 terms and conditions as the University of Illinois may deem 8 advisable and enter into any contract or agreement with such 9 nonprofit corporations as may be necessary or suitable for 10 the construction, financing, operation and maintenance and 11 management of any such park; and may lease to any person, 12 firm, partnership or corporation, either public or private, 13 any part or all of the land, building, facilities, equipment 14 or other property of such park for such purposes and upon 15 such rentals, terms and conditions as the University may deem 16 advisable; and may finance all or part of the cost of any 17 such park, including the purchase, lease, construction, 18 reconstruction, improvement, remodeling, addition to, and 19 extension and maintenance of all or part of such high 20 technology park, and all equipment and furnishings, by 21 legislative appropriations, government grants, contracts, 22 private gifts, loans, receipts from the operation of such 23 high technology park, rentals and similar receipts; and may 24 make its other facilities and services available to tenants 25 or other occupants of any such park at rates which are 26 reasonable and appropriate. 27 The Trustees shall have power (a) to purchase real 28 property and easements, and (b) to acquire real property and 29 easements in the manner provided by law for the exercise of 30 the right of eminent domain, and in the event negotiations 31 for the acquisition of real property or easements for making 32 any improvement which the Trustees are authorized to make 33 shall have proven unsuccessful and the Trustees shall have by 34 resolution adopted a schedule or plan of operation for the SB1852 Engrossed -7- LRB9113164NTsb 1 execution of the project and therein made a finding that it 2 is necessary to take such property or easements immediately 3 or at some specified later date in order to comply with the 4 schedule, the Trustees may acquire such property or easements 5 in the same manner provided in Sections 7-103 through 7-112 6 of the Code of Civil Procedure. 7 The Board of Trustees also shall have power to agree with 8 the State's Attorney of the county in which any properties of 9 the Board are located to pay for services rendered by the 10 various taxing districts for the years 1944 through 1949 and 11 to pay annually for services rendered thereafter by such 12 district such sums as may be determined by the Board upon 13 properties used solely for income producing purposes, title 14 to which is held by said Board of Trustees, upon properties 15 leased to members of the staff of the University of Illinois, 16 title to which is held in trust for said Board of Trustees 17 and upon properties leased to for-profit entities the title 18 to which properties is held by the Board of Trustees. A 19 certified copy of any such agreement made with the State's 20 Attorney shall be filed with the County Clerk and such sums 21 shall be distributed to the respective taxing districts by 22 the County Collector in such proportions that each taxing 23 district will receive therefrom such proportion as the tax 24 rate of such taxing district bears to the total tax rate that 25 would be levied against such properties if they were not 26 exempt from taxation under the Property Tax Code. 27 The Board of Trustees of the University of Illinois, 28 subject to the applicable civil service law, may appoint 29 persons to be members of the University of Illinois Police 30 Department. Members of the Police Department shall be peace 31 officers and as such have all powers possessed by policemen 32 in cities, and sheriffs, including the power to make arrests 33 on view or warrants of violations of state statutes and city 34 or county ordinances, except that they may exercise such SB1852 Engrossed -8- LRB9113164NTsb 1 powers only in counties wherein the University and any of its 2 branches or properties are located when such is required for 3 the protection of university properties and interests, and 4 its students and personnel, and otherwise, within such 5 counties, when requested by appropriate state or local law 6 enforcement officials; provided, however, that such officer 7 shall have no power to serve and execute civil processes. 8 The Board of Trustees may own, operate, or govern, by or 9 through the College of Medicine at Peoria, a managed care 10 community network established under subsection (r) of Section 11 5-16.3 of the Illinois Public Aid Code. 12 The powers of the trustees as herein designated are 13 subject to the provisions of "An Act creating a Board of 14 Higher Education, defining its powers and duties, making an 15 appropriation therefor, and repealing an Act herein named", 16 approved August 22, 1961, as amended. 17 The Board of Trustees shall have the authority to adopt 18 all administrative rules which may be necessary for the 19 effective administration, enforcement and regulation of all 20 matters for which the Board has jurisdiction or 21 responsibility. 22 (b) To assist in the provision of buildings and 23 facilities beneficial to, useful for, or supportive of 24 University purposes, the Board of Trustees of the University 25 of Illinois may exercise the following powers with regard to 26 the area located on or adjacent to the University of Illinois 27 at Chicago campus and bounded as follows: on the West by 28 Morgan Street; on the North by Roosevelt Road; on the East by 29 Union Street; and on the South by 16th Street, in the City of 30 Chicago: 31 (1) Acquire any interests in land, buildings, or 32 facilities by purchase, including installments payable 33 over a period allowed by law, by lease over a term of 34 such duration as the Board of Trustees shall determine, SB1852 Engrossed -9- LRB9113164NTsb 1 or by exercise of the power of eminent domain; 2 (2) Sub-lease or contract to purchase through 3 installments all or any portion of buildings or 4 facilities for such duration and on such terms as the 5 Board of Trustees shall determine, including a term that 6 exceeds 5 years, provided that each such lease or 7 purchase contract shall be and shall recite that it is 8 subject to termination and cancellation in any year for 9 which the General Assembly fails to make an appropriation 10 to pay the rent or purchase installments payable under 11 the terms of such lease or purchase contract; and 12 (3) Sell property without compliance with the State 13 Property Control Act and retain proceeds in the 14 University Treasury in a special, separate development 15 fund account which the Auditor General shall examine to 16 assure compliance with this Act. 17 Any buildings or facilities to be developed on the land shall 18 be buildings or facilities that, in the determination of the 19 Board of Trustees, in whole or in part: (i) are for use by 20 the University; or (ii) otherwise advance the interests of 21 the University, including, by way of example, residential 22 facilities for University staff and students and commercial 23 facilities which provide services needed by the University 24 community. Revenues from the development fund account may be 25 withdrawn by the University for the purpose of demolition and 26 the processes associated with demolition; routine land and 27 property acquisition; extension of utilities; streetscape 28 work; landscape work; surface and structure parking; 29 sidewalks, recreational paths, and street construction; and 30 lease and lease purchase arrangements and the professional 31 services associated with the planning and development of the 32 area. Moneys from the development fund account used for any 33 other purpose must be deposited into and appropriated from 34 the General Revenue Fund. Buildings or facilities leased to SB1852 Engrossed -10- LRB9113164NTsb 1 an entity or person other than the University shall not be 2 subject to any limitations applicable to a State supported 3 college or university under any law. All development on the 4 land and all use of any buildings or facilities shall be 5 subject to the control and approval of the Board of Trustees. 6 (c) The Board of Trustees may (directly, through a 7 separate corporate entity created by the Board of Trustees, 8 or in cooperation with other institutions of higher 9 education) acquire by purchase, lease, or otherwise and 10 construct, enlarge, improve, equip, complete, operate, 11 control, and manage business research and technology parks 12 (together with the necessary lands, buildings, facilities, 13 equipment, and personal property included in these parks) to 14 encourage and facilitate (i) the location and development of 15 business and industry in the State of Illinois, (ii) the 16 increased application and development of technology, (iii) 17 the location and development of retail uses ancillary to and 18 supportive of such business, industry, and technology, and 19 (iv) the improvement and development of the State's economy. 20 (1) The Board of Trustees may lease to any person, 21 firm, partnership, corporation, or limited liability 22 company, either public or private, all or any part of the 23 land, buildings, facilities, equipment, or other property 24 included in a business research and technology park upon 25 the terms and conditions and for the durations that the 26 Trustees may deem advisable. 27 (2) The Board of Trustees may enter into any 28 contract or agreement with any person, firm, partnership, 29 corporation, or limited liability company, either public 30 or private, as may be necessary or suitable for the 31 construction, financing, operation, and maintenance of a 32 business research and technology park. 33 (3) The Board of Trustees may lease and finance all 34 or part of the cost of a business research and technology SB1852 Engrossed -11- LRB9113164NTsb 1 park (including the purchase, lease, construction, 2 reconstruction, improvement, remodeling, addition to, and 3 extension and maintenance of all or part of the park and 4 all equipment and furnishings) by legislative 5 appropriations, government grants, contracts, private 6 gifts, loans, receipts from the operation of the park, 7 rentals, and similar receipts. 8 (4) The Board of Trustees may make its other 9 facilities and services available to tenants or to the 10 occupants of a business research and technology park at 11 rates that are reasonable and appropriate, but shall not 12 require these tenants or occupants to use these services. 13 (Source: P.A. 89-691, eff. 12-31-96; 90-730, eff. 8-10-98.) 14 Section 99. Effective date. This Act takes effect upon 15 becoming law.