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91_SB1852eng
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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
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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)
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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
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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
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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
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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
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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
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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,
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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
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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
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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.
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