State of Illinois
90th General Assembly
Legislation

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90_SB0414

      110 ILCS 305/7            from Ch. 144, par. 28
          Amends the University  of  Illinois  Act.   Requires  the
      Board  of  Trustees  to  hold  public hearings on the Chicago
      campus of the University  of  Illinois  before  acquiring  an
      interest  in  land,  buildings,  or facilities in a described
      area on  or  adjacent  to  that  Chicago  campus  and  before
      entering  into any contract or agreement for the sale, lease,
      or  development  of  or  the  construction  or   removal   of
      improvements   on   such   land,  buildings,  or  facilities.
      Prescribes the type of notice required to be  given  of  each
      public hearing.  Effective immediately.
                                                     LRB9002248THpk
                                               LRB9002248THpk
 1        AN  ACT  to  amend  the  University  of  Illinois  Act by
 2    changing Section 7.
 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:
 5        Section  5.  The University of Illinois Act is amended by
 6    changing Section 7 as follows:
 7        (110 ILCS 305/7) (from Ch. 144, par. 28)
 8        Sec. 7.  Powers of trustees.
 9        (a)  The trustees shall have power  to  provide  for  the
10    requisite  buildings, apparatus, and conveniences; to fix the
11    rates  for  tuition;   to   appoint   such   professors   and
12    instructors,  and to establish and provide for the management
13    of such model farms, model art,  and  other  departments  and
14    professorships,  as  may  be  required  to teach, in the most
15    thorough manner, such branches of learning as are related  to
16    agriculture  and  the  mechanic  arts,  and military tactics,
17    without excluding other scientific and classical studies. The
18    trustees shall, upon  the  written  request  of  an  employee
19    withhold  from  the  compensation  of that employee any dues,
20    payments or contributions payable by  such  employee  to  any
21    labor  organization  as  defined  in the Illinois Educational
22    Labor Relations Act.  Under such arrangement, an amount shall
23    be withheld from each regular payroll period which  is  equal
24    to the pro rata share of the annual dues plus any payments or
25    contributions,   and   the   trustees   shall  transmit  such
26    withholdings to the specified labor  organization  within  10
27    working  days  from  the  time  of the withholding.  They may
28    accept  the  endowments  and  voluntary   professorships   or
29    departments  in the University, from any person or persons or
30    corporations who may offer the  same,  and,  at  any  regular
31    meeting  of the board, may prescribe rules and regulations in
                            -2-                LRB9002248THpk
 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
                            -3-                LRB9002248THpk
 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
                            -4-                LRB9002248THpk
 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
                            -5-                LRB9002248THpk
 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; thence on the North by Roosevelt Road;  thence
29    on the East by that portion of Union Street between Roosevelt
30    Road  and  Liberty  Street;  thence West on Liberty Street to
31    Halsted Street;  thence  South  on  Halsted  Street  to  16th
32    Street;  and  thence West on 16th Street to Morgan Street, in
33    the City of Chicago:
34             (1)  Acquire any interests in  land,  buildings,  or
                            -6-                LRB9002248THpk
 1        facilities  by  purchase,  including installments payable
 2        over a period allowed by law, by lease  over  a  term  of
 3        such  duration  as the Board of Trustees shall determine,
 4        or by exercise of the power of eminent domain;
 5             (2)  Sub-lease  or  contract  to  purchase   through
 6        installments   all   or   any  portion  of  buildings  or
 7        facilities for such duration and on  such  terms  as  the
 8        Board  of Trustees shall determine, including a term that
 9        exceeds  5  years,  provided  that  each  such  lease  or
10        purchase contract shall be and shall recite  that  it  is
11        subject  to  termination and cancellation in any year for
12        which the General Assembly fails to make an appropriation
13        to pay the rent or purchase  installments  payable  under
14        the terms of such lease or purchase contract; and
15             (3)  Sell property without compliance with the State
16        Property   Control   Act   and  retain  proceeds  in  the
17        University Treasury in a  special,  separate  development
18        fund  account  which the Auditor General shall examine to
19        assure compliance with this Act.
20    Any buildings or facilities to be developed on the land shall
21    be buildings or facilities that, in the determination of  the
22    Board  of  Trustees,  in whole or in part: (i) are for use by
23    the University; or (ii) otherwise advance  the  interests  of
24    the  University,  including,  by  way of example, residential
25    facilities for University staff and students  and  commercial
26    facilities  which  provide  services needed by the University
27    community.  Revenues from the development fund account may be
28    withdrawn by the University for the purpose of demolition and
29    the processes associated with demolition;  routine  land  and
30    property  acquisition;  extension  of  utilities; streetscape
31    work;  landscape  work;  surface   and   structure   parking;
32    sidewalks,  recreational  paths, and street construction; and
33    lease and lease purchase arrangements  and  the  professional
34    services  associated with the planning and development of the
                            -7-                LRB9002248THpk
 1    area.  Moneys from the development fund account used for  any
 2    other  purpose  must  be deposited into and appropriated from
 3    the General Revenue Fund.  Buildings or facilities leased  to
 4    an  entity  or  person other than the University shall not be
 5    subject to any limitations applicable to  a  State  supported
 6    college  or university under any law.  All development on the
 7    land and all use of any  buildings  or  facilities  shall  be
 8    subject to the control and approval of the Board of Trustees.
 9        Notwithstanding  any  other provisions of this subsection
10    or any other law of this State, before the Board of  Trustees
11    of  the University of Illinois acquires any interest, whether
12    by purchase, lease, or  exercise  of  the  power  of  eminent
13    domain,  in  any  land,  buildings, or facilities in the area
14    located on or adjacent  to  the  University  of  Illinois  at
15    Chicago  campus  and bounded as described in this subsection,
16    and  before  the  Board  of  Trustees  conveys,  leases,   or
17    otherwise  transfers or enters into any contract or agreement
18    for the  sale,  lease,  or  development  of  any  such  land,
19    building,   or  facility  or  enters  into  any  contract  or
20    agreement for the construction of any new or removal  of  any
21    existing  improvements  on  such  land, the Board of Trustees
22    shall hold public hearings to  describe  the  nature  of  the
23    transfer,  development, construction, or removal proposed and
24    the effect which  that  action  is  likely  to  have  on  the
25    residents  and  businesses  located  in  that area and in the
26    adjacent neighborhoods.  The public hearings required by this
27    subsection shall be held in an appropriate facility  provided
28    by  the  Board  of  Trustees  on  the  Chicago  campus of the
29    University of Illinois and shall be conducted by  members  of
30    the   Board   of   Trustees  and  responsible  administrative
31    officials of the University.  Notice of the time and place of
32    each public hearing  shall  be  published  by  the  Board  of
33    Trustees at least once each week for 3 successive weeks prior
34    to  the  date  of  the  public  hearing  in a different daily
                            -8-                LRB9002248THpk
 1    newspaper published in the City of Chicago and having general
 2    circulation in the community.  In addition, at least 3 weeks'
 3    written notice of the time and place of each  public  hearing
 4    shall  be mailed by the Board of Trustees to those members of
 5    the General Assembly in whose legislative  or  representative
 6    district the area described in this subsection is located.
 7    (Source:  P.A.  88-554,  eff.  7-26-94; 88-670, eff. 12-2-94;
 8    89-691, eff. 12-31-96.)
 9        Section 99.  Effective date.  This Act takes effect  upon
10    becoming law.

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