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91_SB0412
LRB9103669NTsb
1 AN ACT to amend the Illinois State University Law by
2 changing Sections 20-40 and 20-45.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois State University Law is amended
6 by changing Sections 20-40 and 20-45 as follows:
7 (110 ILCS 675/20-40)
8 Sec. 20-40. 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 paragraph (13) of Section 20-45; and to expend the funds
17 appropriated to or lawfully belonging to the Illinois State
18 University, provided that the Board in the exercise of the
19 powers conferred by this Article shall not create any
20 liability or indebtedness of funds from the State Treasury in
21 excess of the funds appropriated to Illinois State
22 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 Illinois
25 State 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,
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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 675/20-45)
24 Sec. 20-45. Powers and duties. The Board also shall
25 have power and it shall be its duty:
26 (1) To make rules, regulations and bylaws, not
27 inconsistent with law, for the government and management of
28 Illinois State University and its branches;
29 (2) To employ, and, for good cause, to remove a
30 President of Illinois State University, and all necessary
31 deans, professors, associate professors, assistant
32 professors, instructors, other educational and administrative
33 assistants, and all other necessary employees, and to
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1 prescribe their duties and contract with them upon matters
2 relating to tenure, salaries and retirement benefits in
3 accordance with the State Universities Civil Service Act.
4 Whenever the Board establishes a search committee to fill the
5 position of President of Illinois State University, there
6 shall be minority representation, including women, on that
7 search committee. The Board shall, upon the written request
8 of an employee of Illinois State University, withhold from
9 the compensation of that employee any dues, payments or
10 contributions payable by such employee to any labor
11 organization as defined in the Illinois Educational Labor
12 Relations Act. Under such arrangement, an amount shall be
13 withheld from each regular payroll period which is equal to
14 the pro rata share of the annual dues plus any payments or
15 contributions, and the Board shall transmit such withholdings
16 to the specified labor organization within 10 working days
17 from the time of the withholding;
18 (3) To prescribe the courses of study to be followed,
19 and textbooks and apparatus to be used at Illinois State
20 University;
21 (4) To issue upon the recommendation of the faculty,
22 diplomas to such persons as have satisfactorily completed the
23 required studies of Illinois State University, and confer
24 such professional and literary degrees as are usually
25 conferred by other institutions of like character for similar
26 or equivalent courses of study, or such as the Board may deem
27 appropriate;
28 (5) To examine into the conditions, management, and
29 administration of Illinois State University, to provide the
30 requisite buildings, apparatus, equipment and auxiliary
31 enterprises, and to fix and collect matriculation fees;
32 tuition fees; fees for student activities; fees for student
33 facilities such as student union buildings or field houses or
34 stadia or other recreational facilities; student welfare
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1 fees; laboratory fees; and similar fees for supplies and
2 materials. The expense of the building, improving, repairing
3 and supplying fuel and furniture and the necessary appliances
4 and apparatus for conducting Illinois State University, the
5 reimbursed expenses of members of the Board, and the salaries
6 or compensation of the President, assistants, agents and
7 other employees of Illinois State University, shall be a
8 charge upon the State Treasury. All other expenses shall be
9 chargeable against students, and the Board shall regulate the
10 charges accordingly;
11 (6) To succeed to and to administer all trusts, trust
12 property, and gifts now or hereafter belonging or pertaining
13 to Illinois State University;
14 (7) To accept endowments of professorships or
15 departments in Illinois State University from any person who
16 may proffer them and, at regular meetings, to prescribe rules
17 and regulations in relation to endowments and declare on what
18 general principles they may be accepted;
19 (8) To enter into contracts with the Federal government
20 for providing courses of instruction and other services at
21 Illinois State University for persons serving in or with the
22 military or naval forces of the United States, and to provide
23 such courses of instruction and other services;
24 (9) To contract with respect to the Cooperative Computer
25 Center to obtain services related to electronic data
26 processing;
27 (10) To provide for the receipt and expenditures of
28 Federal funds paid to Illinois State University by the
29 Federal government for instruction and other services for
30 persons serving in or with the military or naval forces of
31 the United States, and to provide for audits of such funds;
32 (11) To appoint, subject to the applicable civil service
33 law, persons to be members of the Illinois State University
34 Police Department. Members of the Police Department shall be
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1 conservators of the peace and as such have all powers
2 possessed by policemen in cities, and sheriffs, including the
3 power to make arrests on view or warrants of violations of
4 State statutes, University rules and regulations and city or
5 county ordinances, except that they may exercise such powers
6 only within counties wherein Illinois State University and
7 any of its branches or properties are located when such is
8 required for the protection of University properties and
9 interests, and its students and personnel, and otherwise,
10 within such counties, when requested by appropriate State or
11 local law enforcement officials. However, such officers shall
12 have no power to serve and execute civil processes;
13 (12) The Board may, directly or in cooperation with
14 other institutions of higher education, acquire by purchase
15 or lease or otherwise, and construct, enlarge, improve,
16 equip, complete, operate, control and manage research and
17 high technology parks, together with the necessary lands,
18 buildings, facilities, equipment, and personal property
19 therefor, to encourage and facilitate (i) the location and
20 development of business and industry in the State of
21 Illinois, and (ii) the increased application and development
22 of technology, and (iii) the improvement and development of
23 the State's economy. The Board may lease to nonprofit
24 corporations all or any part of the land, buildings,
25 facilities, equipment or other property included in a
26 research and high technology park upon such terms and
27 conditions as the Board may deem advisable and enter into any
28 contract or agreement with such nonprofit corporations as may
29 be necessary or suitable for the construction, financing,
30 operation and maintenance and management of any such park;
31 and may lease to any person, firm, partnership or
32 corporation, either public or private, any part or all of the
33 land, building, facilities, equipment or other property of
34 such park for such purposes and upon such rentals, terms and
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1 conditions as the Board may deem advisable; and may finance
2 all or part of the cost of any such park, including the
3 purchase, lease, construction, reconstruction, improvement,
4 remodeling, addition to, and extension and maintenance of all
5 or part of such high technology park, and all equipment and
6 furnishings, by legislative appropriations, government
7 grants, contracts, private gifts, loans, receipts from the
8 operation of such high technology park, rentals and similar
9 receipts; and may make its other facilities and services
10 available to tenants or other occupants of any such park at
11 rates which are reasonable and appropriate;.
12 (13) To assist in the provision of lands, buildings, and
13 facilities that are supportive of university purposes and
14 suitable and appropriate for the conduct and operation of the
15 university's education programs, the Board of Trustees of
16 Illinois State University may exercise the powers specified
17 in subparagraphs (a), (b), and (c) of this paragraph (13)
18 with regard to the following described property located near
19 the Normal, Illinois campus of Illinois State University:
20 Parcel 1: Approximately 300 acres that form a part of
21 the Illinois State University Farm in Section 20,
22 Township 24 North, Range 2 East of the Third Principal
23 Meridian in McLean County, Illinois.
24 Parcels 2 and 3: Lands located in the Northeast Quadrant
25 of the City of Normal in McLean County, Illinois, one
26 such parcel consisting of approximately 150 acres located
27 north and east of the old Illinois Soldiers and Sailors
28 Children's School campus, and another such parcel,
29 located in the Northeast Quadrant of the old Soldiers and
30 Sailors Children's School Campus, consisting of
31 approximately 1.03.
32 (a) The Board of Trustees may sell, lease, or otherwise
33 transfer and convey all or part of the above described
34 parcels of real estate, together with the improvements
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1 situated thereon, to a bona fide purchaser for value, without
2 compliance with the State Property Control Act and on such
3 terms as the Board of Trustees shall determine are in the
4 best interests of Illinois State University and consistent
5 with its objects and purposes.
6 (b) The Board of Trustees may retain the proceeds from
7 the sale, lease, or other transfer of all or any part of the
8 above described parcels of real estate in the University
9 treasury, in a special, separate development fund account
10 that the Auditor General shall examine to assure the use or
11 deposit of those proceeds in a manner consistent with the
12 provisions of subparagraph (c) of this paragraph (13).
13 (c) The proceeds referred to in subparagraph (b) of this
14 paragraph (13) may be used by the Board of Trustees of
15 Illinois State University to acquire and develop other lands,
16 buildings, and facilities or interests therein that, in the
17 determination of the Trustees, in whole or in part: (i) are
18 for use by the University; or (ii) otherwise advance the
19 education programs or other lawful interests of the
20 University. Revenues from the development fund account may
21 be withdrawn by the University for the purpose of demolition
22 and the processes associated with demolition; land and
23 property acquisition; extension of utilities; streetscape
24 work; landscape work; surface and structure parking;
25 sidewalks, recreational paths, and street construction; and
26 lease and lease purchase arrangements and any professional
27 services associated with the planning and development of the
28 area. Moneys from the development fund account used for any
29 other purpose must be deposited into and appropriated from
30 the General Revenue Fund. Buildings or facilities leased to
31 an entity or person other than the University shall not be
32 subject to any limitations applicable to a State-supported
33 college or university under any law. All development on the
34 land and all the use of any buildings or facilities shall be
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1 subject to the control and approval of the Board of Trustees
2 of Illinois State University.
3 (Source: P.A. 89-4, eff. 1-1-96.)
4 Section 99. Effective date. This Act takes effect upon
5 becoming law.
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