State of Illinois
90th General Assembly
Legislation

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90_HB1182

      110 ILCS 685/30-45
          Amends the Northern Illinois University Law.   Authorizes
      the  Board  of  Trustees  of  Northern Illinois University to
      acquire, by purchase, lease, sublease,  or  exercise  of  the
      power  of  eminent  domain,  interests in land, buildings, or
      facilities located in a described area on or adjacent to  the
      DeKalb   campus   of   Northern  Illinois  University.   Also
      authorizes the Board, with regard to that described area,  to
      sell  property  without  complying  with  the  State Property
      Control Act and to retain the sale  proceeds  in  a  separate
      development  account  in the University's treasury.  Provides
      that any buildings or facilities developed  on  land  in  the
      described  area  shall  be  in whole or in part for, or shall
      advance the interests of,  the  University.   Authorizes  the
      University's  use  of moneys from the development account for
      specified construction, planning,  and  development  services
      and activities in the described area, provides that if moneys
      from  that  account  are to be used for any other purpose the
      moneys must be  deposited  into  and  appropriated  from  the
      General  Revenue  Fund, provides that buildings or facilities
      in the described  area  that  are  leased  to  non-university
      entities  are  not  subject  to  limitations  that by law are
      applicable to state-supported colleges or  universities,  and
      provides  that  all land development and building or facility
      usage in the described area are subject to  the  control  and
      approval of the University's Board of Trustees.
                                                     LRB9004046THpk
                                               LRB9004046THpk
 1        AN  ACT  to amend the Northern Illinois University Law by
 2    changing Section 30-45.
 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:
 5        Section  5.   The  Northern  Illinois  University  Law is
 6    amended by changing Section 30-45 as follows:
 7        (110 ILCS 685/30-45)
 8        Sec. 30-45.  Powers and duties.   The  Board  also  shall
 9    have power and it shall be its duty:
10        (1)  To   make   rules,   regulations   and  bylaws,  not
11    inconsistent with law, for the government and  management  of
12    Northern Illinois University and its branches;
13        (2)  To   employ,  and,  for  good  cause,  to  remove  a
14    President of Northern Illinois University, and all  necessary
15    deans,    professors,    associate    professors,   assistant
16    professors, instructors, other educational and administrative
17    assistants,  and  all  other  necessary  employees,  and   to
18    prescribe  their  duties  and contract with them upon matters
19    relating to  tenure,  salaries  and  retirement  benefits  in
20    accordance  with  the  State  Universities Civil Service Act.
21    Whenever the Board establishes a search committee to fill the
22    position of President of Northern Illinois University,  there
23    shall  be  minority  representation, including women, on that
24    search committee.  The Board shall, upon the written  request
25    of an employee of Northern Illinois University, withhold from
26    the  compensation  of  that  employee  any  dues, payments or
27    contributions  payable  by  such  employee   to   any   labor
28    organization  as  defined  in  the Illinois Educational Labor
29    Relations Act.  Under such arrangement, an  amount  shall  be
30    withheld  from  each regular payroll period which is equal to
31    the pro rata share of the annual dues plus  any  payments  or
                            -2-                LRB9004046THpk
 1    contributions, and the Board shall transmit such withholdings
 2    to  the  specified  labor organization within 10 working days
 3    from the time of the withholding;
 4        (3)  To prescribe the courses of study  to  be  followed,
 5    and  textbooks  and apparatus to be used at Northern Illinois
 6    University;
 7        (4)  To issue upon the  recommendation  of  the  faculty,
 8    diplomas to such persons as have satisfactorily completed the
 9    required  studies of Northern Illinois University, and confer
10    such  professional  and  literary  degrees  as  are   usually
11    conferred by other institutions of like character for similar
12    or equivalent courses of study, or such as the Board may deem
13    appropriate;
14        (5)  To  examine  into  the  conditions,  management, and
15    administration of Northern Illinois  University,  to  provide
16    the  requisite  buildings, apparatus, equipment and auxiliary
17    enterprises, and  to  fix  and  collect  matriculation  fees;
18    tuition  fees;  fees for student activities; fees for student
19    facilities such as student union buildings or field houses or
20    stadia or  other  recreational  facilities;  student  welfare
21    fees;  laboratory  fees;  and  similar  fees for supplies and
22    materials. The expense of the building, improving,  repairing
23    and supplying fuel and furniture and the necessary appliances
24    and  apparatus  for  conducting Northern Illinois University,
25    the reimbursed expenses of members  of  the  Board,  and  the
26    salaries or compensation of the President, assistants, agents
27    and other employees of Northern Illinois University, shall be
28    a  charge  upon the State Treasury.  All other expenses shall
29    be chargeable against students, and the Board shall  regulate
30    the charges accordingly;
31        (6)  To  succeed  to  and to administer all trusts, trust
32    property, and gifts now or hereafter belonging or  pertaining
33    to Northern Illinois University;
34        (7)  To    accept   endowments   of   professorships   or
                            -3-                LRB9004046THpk
 1    departments in Northern Illinois University from  any  person
 2    who  may  proffer them and, at regular meetings, to prescribe
 3    rules and regulations in relation to endowments  and  declare
 4    on what general principles they may be accepted;
 5        (8)  To  enter into contracts with the Federal government
 6    for providing courses of instruction and  other  services  at
 7    Northern  Illinois  University for persons serving in or with
 8    the military or naval forces of the  United  States,  and  to
 9    provide such courses of instruction and other services;
10        (9)  To contract with respect to the Cooperative Computer
11    Center   to   obtain  services  related  to  electronic  data
12    processing;
13        (10)  To provide for  the  receipt  and  expenditures  of
14    Federal  funds  paid  to  Northern Illinois University by the
15    Federal government for instruction  and  other  services  for
16    persons  serving  in  or with the military or naval forces of
17    the United States, and to provide for audits of such funds;
18        (11)  To appoint, subject to the applicable civil service
19    law,  persons  to  be  members  of  the   Northern   Illinois
20    University   Police   Department.   Members   of  the  Police
21    Department shall be conservators of the  peace  and  as  such
22    have  all  powers  possessed  by  policemen  in  cities,  and
23    sheriffs,  including  the  power  to  make arrests on view or
24    warrants of violations of State  statutes,  University  rules
25    and  regulations  and  city or county ordinances, except that
26    they may exercise such powers only  within  counties  wherein
27    Northern  Illinois  University  and  any  of  its branches or
28    properties  are  located  when  such  is  required  for   the
29    protection  of  University  properties and interests, and its
30    students and personnel, and otherwise, within such  counties,
31    when  requested by appropriate State or local law enforcement
32    officials. However, such officers  shall  have  no  power  to
33    serve and execute civil processes;
34        (12)  The  Board  may,  directly  or  in cooperation with
                            -4-                LRB9004046THpk
 1    other institutions of higher education, acquire  by  purchase
 2    or  lease  or  otherwise,  and  construct,  enlarge, improve,
 3    equip, complete, operate, control  and  manage  research  and
 4    high  technology  parks,  together  with the necessary lands,
 5    buildings,  facilities,  equipment,  and  personal   property
 6    therefor,  to  encourage  and facilitate (i) the location and
 7    development  of  business  and  industry  in  the  State   of
 8    Illinois,  and (ii) the increased application and development
 9    of technology, and (iii) the improvement and  development  of
10    the  State's  economy.   The  Board  may  lease  to nonprofit
11    corporations  all  or  any  part  of  the  land,   buildings,
12    facilities,   equipment  or  other  property  included  in  a
13    research  and  high  technology  park  upon  such  terms  and
14    conditions as the Board may deem advisable and enter into any
15    contract or agreement with such nonprofit corporations as may
16    be necessary or suitable  for  the  construction,  financing,
17    operation  and  maintenance  and management of any such park;
18    and  may  lease  to  any   person,   firm,   partnership   or
19    corporation, either public or private, any part or all of the
20    land,  building,  facilities,  equipment or other property of
21    such park for such purposes and upon such rentals, terms  and
22    conditions  as  the Board may deem advisable; and may finance
23    all or part of the cost  of  any  such  park,  including  the
24    purchase,  lease,  construction, reconstruction, improvement,
25    remodeling, addition to, and extension and maintenance of all
26    or part of such high technology park, and all  equipment  and
27    furnishings,   by   legislative   appropriations,  government
28    grants, contracts, private gifts, loans,  receipts  from  the
29    operation  of  such high technology park, rentals and similar
30    receipts; and may make  its  other  facilities  and  services
31    available  to  tenants or other occupants of any such park at
32    rates which are reasonable and appropriate.
33        (13)  To  assist  in  the  provision  of  buildings   and
34    facilities  beneficial  to,  useful  for,  or  supportive  of
                            -5-                LRB9004046THpk
 1    university  purposes,  the  Board  of  Trustees  of  Northern
 2    Illinois  University  may  exercise the following powers with
 3    regard to the area located on or  adjacent  to  the  Northern
 4    Illinois  University DeKalb campus and bounded as follows:
 5    Parcel 1:
 6        In  Township  40  North, Range 4 East, of the Third Prime
 7        Meridian, County of DeKalb, State of Illinois:  The  East
 8        half   of  the  Southeast  Quarter  of  Section  17,  the
 9        Southwest  Quarter  of  Section  16,  and  the  Northwest
10        Quarter of Section 21,  all  in  the  County  of  DeKalb,
11        Illinois.
12    Parcel 2:
13        In  Township  40  North, Range 4 East, of the Third Prime
14        Meridian, County of DeKalb, State  of  Illinois:  On  the
15        North, by a line beginning at the Northwest corner of the
16        Southeast  Quarter  of  Section  15;  thence East 1,903.3
17        feet; thence South to the North  line  of  the  Southeast
18        Quarter  of  the  Southeast Quarter of Section 15; thence
19        East along said line to North First Street; on  the  West
20        by  Garden  Road  between  Lucinda  Avenue  and the North
21        boundary; thence on the South by Lucinda  Avenue  between
22        Garden  Road  and  the intersection of Lucinda Avenue and
23        the South Branch of the  Kishwaukee  River,  and  by  the
24        South   Branch  of  the  Kishwaukee  River  between  such
25        intersection and easterly to  the  intersection  of  such
26        river and North First Street; thence on the East by North
27        First Street.
28        (a)  Acquire   any   interests  in  land,  buildings,  or
29    facilities by purchase, including installments payable over a
30    period allowed by law, by lease over a term of such  duration
31    as  the  Board of Trustees shall determine, or by exercise of
32    the power of eminent domain;
33        (b)  Sublease   or   contract   to    purchase    through
34    installments  all  or  any portion of buildings or facilities
                            -6-                LRB9004046THpk
 1    for such duration and on such terms as the Board of  Trustees
 2    shall  determine,  including  a  term  that  exceeds 5 years,
 3    provided that each such lease or purchase contract  shall  be
 4    and  shall  recite  that  it  is  subject  to termination and
 5    cancellation in any year for which the General Assembly fails
 6    to  make  an  appropriation  to  pay  the  rent  or  purchase
 7    installments  payable  under  the  terms  of  such  lease  or
 8    purchase contracts; and
 9        (c)  Sell property  without  compliance  with  the  State
10    Property  Control  Act  and retain proceeds in the University
11    treasury in a  special,  separate  development  fund  account
12    which  the Auditor General shall examine to assure compliance
13    with this Act.
14        Any buildings or facilities to be developed on  the  land
15    shall  be  buildings or facilities that, in the determination
16    of the Board of Trustees, in whole or in part:  (i)  are  for
17    use   by  the  University;  or  (ii)  otherwise  advance  the
18    interests of the University, including, by  way  of  example,
19    residential,    recreational,   educational,   and   athletic
20    facilities for University staff and students  and  commercial
21    facilities  which  provide  services needed by the University
22    community.  Revenues from the development fund account may be
23    withdrawn by the University for the purpose of demolition and
24    the processes associated with demolition;  routine  land  and
25    property  acquisition;  extension  of  utilities; streetscape
26    work;  landscape  work;  surface   and   structure   parking;
27    sidewalks,  recreational  paths, and street construction; and
28    lease and lease purchase arrangements  and  the  professional
29    services  associated with the planning and development of the
30    area.  Moneys from the development fund account used for  any
31    other  purpose  must  be deposited into and appropriated from
32    the General Revenue Fund.  Buildings or facilities leased  to
33    an  entity  or  person other than the University shall not be
34    subject to any limitations applicable  to  a  state-supported
                            -7-                LRB9004046THpk
 1    college  or university under any law.  All development on the
 2    land and all the use of any buildings or facilities shall  be
 3    subject  to the control and approval of the Board of Trustees
 4    of Northern Illinois University.
 5    (Source: P.A. 89-4, eff. 1-1-96.)

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