State of Illinois
91st General Assembly
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Public Act 91-0396

SB412 Enrolled                                 LRB9103669NTsb

    AN ACT to amend the  Illinois  State  University  Law  by
changing Sections 20-40 and 20-45.

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

    Section 5.  The Illinois State University Law is  amended
by changing Sections 20-40 and 20-45 as follows:

    (110 ILCS 675/20-40)
    Sec.  20-40.  Contracts,  conveyances, expenditures.  The
Board shall have power to enter into contracts and to sue and
be sued, provided that any suit against the Board based  upon
a  claim  sounding  in  tort  must  be  filed in the Court of
Claims; to acquire by purchase, eminent domain or  otherwise,
and  to  hold  and  convey title to real property as it shall
deem appropriate and personal property in accordance with the
State Property Control Act, except as otherwise  provided  in
paragraph  (13)  of  Section  20-45;  and to expend the funds
appropriated to or lawfully belonging to the  Illinois  State
University,  provided  that  the Board in the exercise of the
powers  conferred  by  this  Article  shall  not  create  any
liability or indebtedness of funds from the State Treasury in
excess  of  the  funds   appropriated   to   Illinois   State
University.
    All real property acquired by the Board shall be held for
the  People of the State of Illinois, for the use of Illinois
State University.
    Any lease to the Board 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  Board  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's power to enter into contracts includes but is
not  limited  to  the  power  to  enter  into  contracts with
municipalities within which  the  University  or  any  branch
thereof   is   located,   in  whole  or  in  part,  for  such
municipality to provide fire protection  or  other  essential
municipal  services  upon  properties  leased  to  for-profit
entities  the title to which properties is held by the Board.
The Board  shall  pay  to  the  municipality  concerned  such
equitable   portion  of  the  cost  of  providing  such  fire
protection or other essential municipal service as  shall  be
agreed  to  by the Board, and as part of the compensation for
such  fire  protection  the  Board  may  provide   land   and
buildings,  or  either,  for  fire stations to be used by the
municipality.
(Source: P.A. 89-4, eff. 1-1-96.)

    (110 ILCS 675/20-45)
    Sec. 20-45.  Powers and duties.   The  Board  also  shall
have power and it shall be its duty:
    (1)  To   make   rules,   regulations   and  bylaws,  not
inconsistent with law, for the government and  management  of
Illinois State University and its branches;
    (2)  To   employ,  and,  for  good  cause,  to  remove  a
President of Illinois State  University,  and  all  necessary
deans,    professors,    associate    professors,   assistant
professors, instructors, other educational and administrative
assistants,  and  all  other  necessary  employees,  and   to
prescribe  their  duties  and contract with them upon matters
relating to  tenure,  salaries  and  retirement  benefits  in
accordance  with  the  State  Universities Civil Service Act.
Whenever the Board establishes a search committee to fill the
position of President of  Illinois  State  University,  there
shall  be  minority  representation, including women, on that
search committee.  The Board shall, upon the written  request
of  an  employee  of Illinois State University, 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 Board shall transmit such withholdings
to the specified labor organization within  10  working  days
from the time of the withholding;
    (3)  To  prescribe  the  courses of study to be followed,
and textbooks and apparatus to  be  used  at  Illinois  State
University;
    (4)  To  issue  upon  the  recommendation of the faculty,
diplomas to such persons as have satisfactorily completed the
required studies of Illinois  State  University,  and  confer
such   professional  and  literary  degrees  as  are  usually
conferred by other institutions of like character for similar
or equivalent courses of study, or such as the Board may deem
appropriate;
    (5)  To examine  into  the  conditions,  management,  and
administration  of  Illinois State University, to provide the
requisite  buildings,  apparatus,  equipment  and   auxiliary
enterprises,  and  to  fix  and  collect  matriculation fees;
tuition fees; fees for student activities; fees  for  student
facilities such as student union buildings or field houses or
stadia  or  other  recreational  facilities;  student welfare
fees; laboratory fees; and  similar  fees  for  supplies  and
materials.  The expense of the building, improving, repairing
and supplying fuel and furniture and the necessary appliances
and apparatus for conducting Illinois State  University,  the
reimbursed expenses of members of the Board, and the salaries
or  compensation  of  the  President,  assistants, agents and
other employees of Illinois  State  University,  shall  be  a
charge  upon the State Treasury.  All other expenses shall be
chargeable against students, and the Board shall regulate the
charges accordingly;
    (6)  To succeed to and to administer  all  trusts,  trust
property,  and gifts now or hereafter belonging or pertaining
to Illinois State University;
    (7)  To   accept   endowments   of   professorships    or
departments  in Illinois State University from any person who
may proffer them and, at regular meetings, to prescribe rules
and regulations in relation to endowments and declare on what
general principles they may be accepted;
    (8)  To enter into contracts with the Federal  government
for  providing  courses  of instruction and other services at
Illinois State University for persons serving in or with  the
military or naval forces of the United States, and to provide
such courses of instruction and other services;
    (9)  To contract with respect to the Cooperative Computer
Center   to   obtain  services  related  to  electronic  data
processing;
    (10)  To provide for  the  receipt  and  expenditures  of
Federal  funds  paid  to  Illinois  State  University  by the
Federal government for instruction  and  other  services  for
persons  serving  in  or with the military or naval forces of
the United States, and to provide for audits of such funds;
    (11)  To appoint, subject to the applicable civil service
law, persons to be members of the Illinois  State  University
Police  Department. Members of the Police Department shall be
conservators of  the  peace  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, University rules and regulations and city  or
county  ordinances, except that they may exercise such powers
only within counties wherein Illinois  State  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. However, such officers shall
have no power to serve and execute civil processes;
    (12)  The  Board  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  research  and
high  technology  parks,  together  with the necessary lands,
buildings,  facilities,  equipment,  and  personal   property
therefor,  to  encourage  and facilitate (i) the location and
development  of  business  and  industry  in  the  State   of
Illinois,  and (ii) the increased application and development
of technology, and (iii) the improvement and  development  of
the  State's  economy.   The  Board  may  lease  to nonprofit
corporations  all  or  any  part  of  the  land,   buildings,
facilities,   equipment  or  other  property  included  in  a
research  and  high  technology  park  upon  such  terms  and
conditions as the Board 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 Board 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;.
    (13)  To assist in the provision of lands, buildings, and
facilities that are supportive  of  university  purposes  and
suitable and appropriate for the conduct and operation of the
university's  education  programs,  the  Board of Trustees of
Illinois State University may exercise the  powers  specified
in  subparagraphs  (a),  (b),  and (c) of this paragraph (13)
with regard to the following described property located  near
the Normal, Illinois campus of Illinois State University:
    Parcel  1:   Approximately  300 acres that form a part of
    the  Illinois  State  University  Farm  in  Section   20,
    Township  24  North,  Range 2 East of the Third Principal
    Meridian in McLean County, Illinois.
    Parcels 2 and 3:  Lands located in the Northeast Quadrant
    of the City of Normal in  McLean  County,  Illinois,  one
    such parcel consisting of approximately 150 acres located
    north  and  east of the old Illinois Soldiers and Sailors
    Children's  School  campus,  and  another  such   parcel,
    located in the Northeast Quadrant of the old Soldiers and
    Sailors   Children's   School   Campus,   consisting   of
    approximately 1.03.
    (a)  The  Board of Trustees may sell, lease, or otherwise
transfer and convey  all  or  part  of  the  above  described
parcels  of  real  estate,  together  with  the  improvements
situated thereon, to a bona fide purchaser for value, without
compliance  with  the  State Property Control Act and on such
terms as the Board of Trustees shall  determine  are  in  the
best  interests  of  Illinois State University and consistent
with its objects and purposes.
    (b)  The Board of Trustees may retain the  proceeds  from
the  sale, lease, or other transfer of all or any part of the
above described parcels of  real  estate  in  the  University
treasury,  in  a  special,  separate development fund account
that the Auditor General shall examine to assure the  use  or
deposit  of  those  proceeds  in a manner consistent with the
provisions of subparagraph (c) of this paragraph (13).
    (c)  Moneys from the development fund account may be used
by the Board of Trustees  of  Illinois  State  University  to
acquire  and  develop other land to achieve the same purposes
for which the parcels of real estate described in  this  item
(13),  all  or  a  part  of  which have been sold, leased, or
otherwise transferred and conveyed, were  used  and  for  the
purpose  of  demolition  and  the  processes  associated with
demolition on the acquired land.  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 the use of any
buildings or facilities shall be subject to the  control  and
approval   of   the  Board  of  Trustees  of  Illinois  State
University.
(Source: P.A. 89-4, eff. 1-1-96.)

    Section 99.  Effective date.  This Act takes effect  upon
becoming law.

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