State of Illinois
90th General Assembly
Legislation

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[ Introduced ][ Engrossed ][ House Amendment 001 ]

90_SB1627enr

      20 ILCS 4022/30
      110 ILCS 205/9.04         from Ch. 144, par. 189.04
      110 ILCS 205/9.16         from Ch. 144, par. 189.16
      110 ILCS 205/9.26 new
      110 ILCS 205/9.27 new
      110 ILCS 205/9.15 rep.
      110 ILCS 205/9.19 rep.
      110 ILCS 910/Act rep.
          Amends the Board of Higher Education Act and the  Primary
      Care  Medical  Education Advisory Committee Act to revise the
      reporting duties of the Board of Higher Education under those
      Acts.  Also amends the  Board  of  Higher  Education  Act  to
      create  Incentive  Grant  and Technology Grant programs which
      the Board is to administer.  Repeals the  Dropout  Prevention
      Services and Student Volunteers Corps programs that the Board
      was  to  administer  or  monitor.  Also  repeals the Illinois
      Architecture-Engineering Internship Act of  1983.   Effective
      July 1, 1998.
                                                    LRB9011024THpkA
SB1627 Enrolled                               LRB9011024THpkA
 1        AN   ACT  relating  to  higher  education,  amending  and
 2    repealing named Acts.
 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:
 5        Section  5.   The Primary Care Medical Education Advisory
 6    Committee Act is amended by changing Section 30 as follows:
 7        (20 ILCS 4022/30)
 8        Sec. 30.   Data  collection.   Each  medical  school  and
 9    residency  training  program  shall  submit  to  the Advisory
10    Committee an annual report beginning December 31, 1996 on the
11    distribution  of  graduates  from  its  medical  programs  as
12    follows:
13        (a)  The number and  specialty  distribution  of  medical
14    residents  and  extended-year  residents  by primary care and
15    non-primary care designations.
16        (b)  The distribution of residency positions by  type  of
17    health   facility  (that  is,  university-operated  hospital,
18    county   hospital,   Veteran's    Administration    hospital,
19    affiliated community hospital, or ambulatory care site).
20        (c)  The  number  and specialty distribution of post-M.D.
21    or post-D.O.  trainees  listed  by  primary  and  non-primary
22    specialties.
23        (d)  The    number    and   specialty   distribution   of
24    State-supported and nonstate-supported medical  residents  at
25    the school.
26        (e)  The  level  of  financial and other support from all
27    funding sources provided  for  each  primary  care  residency
28    program.  The  report  shall specify the fund source for each
29    program and the estimated associated faculty support for  the
30    program.
31        (f)  The  1998  report  shall  include data on the actual
SB1627 Enrolled            -2-                LRB9011024THpkA
 1    location and practice specialty of graduates of  the  medical
 2    school  from 1991 to 1995 for the primary care specialties of
 3    family   practice,   internal   medicine,   pediatrics,   and
 4    obstetrics and gynecology.   The  purpose  of  this  tracking
 5    shall  be  to determine to what degree these graduates remain
 6    in primary care practice in order to evaluate the  impact  of
 7    these  trends on the State's goal of increasing the supply of
 8    primary care practitioners.
 9        The Illinois Board of  Higher  Education  annually  shall
10    submit  to  the  Advisory  Committee its annual report to the
11    General  Assembly  and  Governor,  including  information  on
12    medical and education programs, and particularly  information
13    on the following:
14             (1)  current objectives of Health Services Education
15        Grants Act funding;
16             (2)  the  distribution  of Health Services Education
17        Grants Act funding; and
18             (3)  general  grants  and  appropriations   to   the
19        State's public medical schools.
20        The  Illinois Department of Public Health shall submit to
21    the Advisory Committee a copy of its  annual  report  to  the
22    General  Assembly and the Governor, including the results and
23    progress of the programs established in the  Family  Practice
24    Residency Act.
25        The Illinois Department of Public Aid shall submit to the
26    Advisory  Committee its annual report to the General Assembly
27    and Governor, including the following:
28             (1)  current methodology used by the Department  for
29        calculating direct and indirect GME payments in Illinois;
30        and
31             (2)  distribution   of   all   medicaid  direct  and
32        indirect GME payments, including to teaching hospitals in
33        Illinois.
34    (Source: P.A. 89-316, eff. 1-1-96.)
SB1627 Enrolled            -3-                LRB9011024THpkA
 1        Section 10.  The Board of Higher Education Act is amended
 2    by changing Sections 9.04 and 9.16 and adding  Sections  9.26
 3    and 9.27 as follows:
 4        (110 ILCS 205/9.04) (from Ch. 144, par. 189.04)
 5        Sec.  9.04.   To  submit  to the Governor and the General
 6    Assembly on or before the first Monday in  February  of  each
 7    odd  numbered  year  a written report covering the activities
 8    engaged in and  recommendations  made  by  it  during  the  2
 9    calendar  years  which  ended  on  December  31  of  the last
10    preceding even numbered year. This report shall be  submitted
11    in accordance with the requirements of Section 3 of the State
12    Finance Act.
13        The  requirement  for  reporting  to the General Assembly
14    shall be satisfied by filing copies of the  report  with  the
15    Speaker,  the  Minority  Leader and the Clerk of the House of
16    Representatives and the President, the  Minority  Leader  and
17    the  Secretary  of  the  Senate  and the Legislative Research
18    Unit, as required by Section 3.1 of "An Act to revise the law
19    in relation to the General Assembly", approved  February  25,
20    1874,  as amended, and filing such additional copies with the
21    State Government Report Distribution Center for  the  General
22    Assembly  as  is required under paragraph (t) of Section 7 of
23    the State Library Act.
24    (Source: P.A. 84-1438.)
25        (110 ILCS 205/9.16) (from Ch. 144, par. 189.16)
26        Sec. 9.16.   Underrepresentation  of  certain  groups  in
27    higher  education.   To require public institutions of higher
28    education to develop and implement methods  and strategies to
29    increase  the  participation   of   minorities,   women   and
30    handicapped     individuals     who     are     traditionally
31    underrepresented  in  education programs and activities.  For
32    the purpose of this Section, minorities  shall  mean  persons
SB1627 Enrolled            -4-                LRB9011024THpkA
 1    who  are  citizens  of the United States or  lawful permanent
 2    resident aliens of the United States and who are:  (a)  Black
 3    (a person having origins in any of the black racial groups in
 4    Africa);    (b)  Hispanic  (a person of Spanish or Portuguese
 5    culture with origins in Mexico, South or Central America,  or
 6    the  Caribbean,  regardless  of  race); (c) Asian American (a
 7    person having origins in any of the original  people  of  the
 8    Far  East,  Southeast  Asia,  the  Indian Subcontinent or the
 9    Pacific Islands); or (d) American Indian or Alaskan Native (a
10    person having origins in any of the original people of  North
11    America).
12        The  Board  shall adopt any rules necessary to administer
13    this Section.  The Board shall also do the following:
14        a)  require all public institutions of  higher  education
15    to  develop  and  submit plans for the implementation of this
16    Section;
17        b)  conduct periodic review  of  public  institutions  of
18    higher  education  to determine compliance with this Section;
19    and if the Board finds that a public  institution  of  higher
20    education  is  not  in compliance with this Section, it shall
21    notify the institution of steps to take to attain compliance;
22        c)  provide advice and counsel pursuant to this Section;
23        d)  conduct studies of the effectiveness of  methods  and
24    strategies  designed to increase participation of students in
25    education programs and activities in which minorities,  women
26    and     handicapped     individuals     are     traditionally
27    underrepresented, and monitor the success of students in such
28    education programs and activities;
29        e)  encourage  minority student recruitment and retention
30    in  colleges  and   universities.    In   implementing   this
31    paragraph,  the Board shall undertake but need not be limited
32    to the following: the establishment of guidelines  and  plans
33    for  public  institutions  of  higher  education for minority
34    student recruitment and retention, the review and  monitoring
SB1627 Enrolled            -5-                LRB9011024THpkA
 1    of   minority   student   programs   implemented   at  public
 2    institutions  of  higher   education   to   determine   their
 3    compliance  with any guidelines and plans so established, the
 4    determination of the effectiveness and  funding  requirements
 5    of minority student programs at public institutions of higher
 6    education,   the  dissemination  of  successful  programs  as
 7    models, and the  encouragement  of  cooperative  partnerships
 8    between   community  colleges  and  local  school  attendance
 9    centers which  are  experiencing  difficulties  in  enrolling
10    minority students in four-year colleges and universities;
11        f)  mandate  all  public institutions of higher education
12    to  submit  data  and  information  essential  to   determine
13    compliance with this Section.  The Board  shall prescribe the
14    format and the date for submission of this data and any other
15    education equity data; and
16        g)  report  to  the  General  Assembly  and  the Governor
17    annually on  or  before  the  second  Wednesday  of  January,
18    beginning  in 1989, with a description of the plans submitted
19    by  each  public  institution   of   higher   education   for
20    implementation  of  this  Section,  including  financial data
21    relating to the most  recent  fiscal  year  expenditures  for
22    specific  minority  programs, the effectiveness of such plans
23    and  programs  and  the  effectiveness  of  the  methods  and
24    strategies developed by the Board in meeting the purposes  of
25    this  Section,  the degree of compliance with this Section by
26    each public institution of higher education as determined  by
27    the  Board  pursuant to its periodic review responsibilities,
28    and the findings made by the Board in conducting its  studies
29    and  monitoring  student  success  as  required by  paragraph
30    d) of this Section.  With respect to each public  institution
31    of  higher education such report also shall include, but need
32    not  be  limited  to,  information  with  respect   to   each
33    institution's  minority  program budget allocations; minority
34    student  admission,  retention  and  graduation   statistics;
SB1627 Enrolled            -6-                LRB9011024THpkA
 1    number  of  financial  assistance awards to undergraduate and
 2    graduate   minority   students;    and    minority    faculty
 3    representation.   This  paragraph  shall  not be construed to
 4    prohibit  the  Board  from  making,  preparing   or   issuing
 5    additional  surveys  or  studies  with  respect  to  minority
 6    education in Illinois.
 7    (Source: P.A. 86-687; 86-688; 86-1028.)
 8        (110 ILCS 205/9.26 new)
 9        Sec. 9.26.  Matching Grants.  To establish and administer
10    a  program or programs of matching grants for use by Illinois
11    higher  education   institutions   as   incentives   in   the
12    competition   for  federal  research  grants  and  contracts.
13    Matching grants will be made to stimulate  increased  federal
14    and  corporate  research  funds  and  to improve the research
15    capabilities of Illinois institutions of higher education.
16        The Board shall adopt such rules and regulations  as  may
17    be necessary to accomplish the purposes of this Section.
18        (110 ILCS 205/9.27 new)
19        Sec.   9.27.  Technology   Grants.    To   establish  and
20    administer a program or programs of grants for the purpose of
21    improving and making available state-of-the-art  technologies
22    for  Illinois  institutions of higher education.  Such grants
23    may be awarded to public institutions of higher  learning  or
24    nonpublic  institutions  of higher learning or to both public
25    and nonpublic institutions of higher learning.   Such  grants
26    may be made for technology purposes that include, but are not
27    limited  to, the purchase of equipment or services or both to
28    improve computing and  computer  networking  and  to  enhance
29    connectivity to external networks.
30        The  Board  shall adopt such rules and regulations as may
31    be necessary to accomplish the purposes of this Section.
SB1627 Enrolled            -7-                LRB9011024THpkA
 1        Section  12.  The University of Illinois Act  is  amended
 2    by changing Section 7 as follows:
 3        (110 ILCS 305/7) (from Ch. 144, par. 28)
 4        Sec. 7.  Powers of trustees.
 5        (a)  The  trustees  shall  have  power to provide for the
 6    requisite buildings, apparatus, and conveniences; to fix  the
 7    rates   for   tuition;   to   appoint   such  professors  and
 8    instructors, and to establish and provide for the  management
 9    of  such  model  farms,  model art, and other departments and
10    professorships, as may be required  to  teach,  in  the  most
11    thorough  manner, such branches of learning as are related to
12    agriculture and the  mechanic  arts,  and  military  tactics,
13    without excluding other scientific and classical studies. The
14    trustees  shall,  upon  the  written  request  of an employee
15    withhold from the compensation of  that  employee  any  dues,
16    payments  or  contributions  payable  by such employee to any
17    labor organization as defined  in  the  Illinois  Educational
18    Labor Relations Act.  Under such arrangement, an amount shall
19    be  withheld  from each regular payroll period which is equal
20    to the pro rata share of the annual dues plus any payments or
21    contributions,  and  the   trustees   shall   transmit   such
22    withholdings  to  the  specified labor organization within 10
23    working days from the time  of  the  withholding.   They  may
24    accept   the   endowments  and  voluntary  professorships  or
25    departments in the University, from any person or persons  or
26    corporations  who  may  offer  the  same, and, at any regular
27    meeting of the board, may prescribe rules and regulations  in
28    relation  to  such  endowments  and  declare  on what general
29    principles they may be admitted: Provided, that such  special
30    voluntary   endowments   or   professorships   shall  not  be
31    incompatible with the true design and scope  of  the  act  of
32    congress,  or of this Act: Provided, that no student shall at
33    any time be allowed to remain in or about the  University  in
SB1627 Enrolled            -8-                LRB9011024THpkA
 1    idleness,  or  without  full mental or industrial occupation:
 2    And provided further, that the trustees, in the  exercise  of
 3    any of the powers conferred by this Act, shall not create any
 4    liability or indebtedness in excess of the funds in the hands
 5    of  the  treasurer  of the University at the time of creating
 6    such liability or indebtedness, and which  may  be  specially
 7    and properly applied to the payment of the same. Any lease to
 8    the  trustees  of  lands,  buildings or facilities which will
 9    support scientific research and development in such areas  as
10    high    technology,    super   computing,   microelectronics,
11    biotechnology, robotics, physics and engineering shall be for
12    a term not to exceed 18 years, and may grant to the  trustees
13    the  option  to  purchase the lands, buildings or facilities.
14    The lease shall recite that it is subject to termination  and
15    cancellation in any year for which the General Assembly fails
16    to  make  an  appropriation to pay the rent payable under the
17    terms of the lease.
18        Leases for the  purposes  described  herein  exceeding  5
19    years shall have the approval of the Illinois Board of Higher
20    Education.
21        The  Board  of  Trustees  may, directly or in cooperation
22    with other  institutions  of  higher  education,  acquire  by
23    purchase  or  lease  or  otherwise,  and  construct, enlarge,
24    improve, equip, complete, operate, control and manage medical
25    research  and  high  technology  parks,  together  with   the
26    necessary   lands,   buildings,   facilities,  equipment  and
27    personal property therefor, to encourage and  facilitate  (a)
28    the  location and development of business and industry in the
29    State of Illinois, and  (b)  the  increased  application  and
30    development   of  technology  and  (c)  the  improvement  and
31    development of the State's economy. The Board of Trustees may
32    lease to nonprofit corporations all or any part of the  land,
33    buildings,  facilities,  equipment or other property included
34    in a medical research and  high  technology  park  upon  such
SB1627 Enrolled            -9-                LRB9011024THpkA
 1    terms  and  conditions as the University of Illinois may deem
 2    advisable and enter into any contract or agreement with  such
 3    nonprofit  corporations  as  may be necessary or suitable for
 4    the construction, financing, operation  and  maintenance  and
 5    management  of  any  such  park; and may lease to any person,
 6    firm, partnership or corporation, either public  or  private,
 7    any  part or all of the land, building, facilities, equipment
 8    or other property of such park for  such  purposes  and  upon
 9    such rentals, terms and conditions as the University may deem
10    advisable;  and  may  finance  all or part of the cost of any
11    such  park,  including  the  purchase,  lease,  construction,
12    reconstruction, improvement,  remodeling,  addition  to,  and
13    extension  and  maintenance  of  all  or  part  of  such high
14    technology  park,  and  all  equipment  and  furnishings,  by
15    legislative  appropriations,  government  grants,  contracts,
16    private gifts, loans, receipts from  the  operation  of  such
17    high  technology  park, rentals and similar receipts; and may
18    make its other facilities and services available  to  tenants
19    or  other  occupants  of  any  such  park  at rates which are
20    reasonable and appropriate.
21        The Trustees  shall  have  power  (a)  to  purchase  real
22    property  and easements, and (b) to acquire real property and
23    easements in the manner provided by law for the  exercise  of
24    the  right  of  eminent domain, and in the event negotiations
25    for the acquisition of real property or easements for  making
26    any  improvement  which  the  Trustees are authorized to make
27    shall have proven unsuccessful and the Trustees shall have by
28    resolution adopted a schedule or plan of  operation  for  the
29    execution  of  the project and therein made a finding that it
30    is necessary to take such property or  easements  immediately
31    or  at  some specified later date in order to comply with the
32    schedule, the Trustees may acquire such property or easements
33    in the same manner provided in Sections 7-103  through  7-112
34    of the Code of Civil Procedure.
SB1627 Enrolled            -10-               LRB9011024THpkA
 1        The Board of Trustees also shall have power to agree with
 2    the State's Attorney of the county in which any properties of
 3    the  Board  are  located  to pay for services rendered by the
 4    various taxing districts for the years 1944 through 1949  and
 5    to  pay  annually  for  services  rendered thereafter by such
 6    district such sums as may be determined  by  the  Board  upon
 7    properties  used  solely for income producing purposes, title
 8    to which is held by said Board of Trustees,  upon  properties
 9    leased to members of the staff of the University of Illinois,
10    title  to  which  is held in trust for said Board of Trustees
11    and upon properties leased to for-profit entities  the  title
12    to  which  properties  is  held  by  the Board of Trustees. A
13    certified copy of any such agreement made  with  the  State's
14    Attorney  shall  be filed with the County Clerk and such sums
15    shall be distributed to the respective  taxing  districts  by
16    the  County  Collector  in  such proportions that each taxing
17    district will receive therefrom such proportion  as  the  tax
18    rate of such taxing district bears to the total tax rate that
19    would  be  levied  against  such  properties if they were not
20    exempt from taxation under the Property Tax Code.
21        The Board of Trustees  of  the  University  of  Illinois,
22    subject  to  the  applicable  civil  service law, may appoint
23    persons to be members of the University  of  Illinois  Police
24    Department.  Members  of the Police Department shall be peace
25    officers and as such have all powers possessed  by  policemen
26    in  cities, and sheriffs, including the power to make arrests
27    on view or warrants of violations of state statutes and  city
28    or  county  ordinances,  except  that  they may exercise such
29    powers only in counties wherein the University and any of its
30    branches or properties are located when such is required  for
31    the  protection  of  university properties and interests, and
32    its  students  and  personnel,  and  otherwise,  within  such
33    counties, when requested by appropriate state  or  local  law
34    enforcement  officials;  provided, however, that such officer
SB1627 Enrolled            -11-               LRB9011024THpkA
 1    shall have no power to serve and execute civil processes.
 2        The Board of Trustees may own, operate, or govern, by  or
 3    through  the  College  of  Medicine at Peoria, a managed care
 4    community network established under subsection (r) of Section
 5    5-16.3 of the Illinois Public Aid Code.
 6        The powers of  the  trustees  as  herein  designated  are
 7    subject  to  the  provisions  of  "An Act creating a Board of
 8    Higher Education, defining its powers and duties,  making  an
 9    appropriation  therefor,  and repealing an Act herein named",
10    approved August 22, 1961, as amended.
11        The Board of Trustees shall have the authority  to  adopt
12    all  administrative  rules  which  may  be  necessary for the
13    effective administration, enforcement and regulation  of  all
14    matters   for   which   the   Board   has   jurisdiction   or
15    responsibility.
16        (b)  To   assist   in  the  provision  of  buildings  and
17    facilities  beneficial  to,  useful  for,  or  supportive  of
18    University purposes, the Board of Trustees of the  University
19    of  Illinois may exercise the following powers with regard to
20    the area located on or adjacent to the University of Illinois
21    at Chicago campus and bounded as  follows:  on  the  West  by
22    Morgan  Street; thence on the North by Roosevelt Road; on the
23    East by Union Street; thence on the East by that  portion  of
24    Union  Street  between  Roosevelt  Road  and  Liberty Street;
25    thence West on Liberty Street to Halsted Street; thence South
26    on Halsted Street to 16th Street;  and  thence  West  on  the
27    South  by  16th  Street  to  Morgan  Street,  in  the City of
28    Chicago:
29             (1)  Acquire any interests in  land,  buildings,  or
30        facilities  by  purchase,  including installments payable
31        over a period allowed by law, by lease  over  a  term  of
32        such  duration  as the Board of Trustees shall determine,
33        or by exercise of the power of eminent domain;
34             (2)  Sub-lease  or  contract  to  purchase   through
SB1627 Enrolled            -12-               LRB9011024THpkA
 1        installments   all   or   any  portion  of  buildings  or
 2        facilities for such duration and on  such  terms  as  the
 3        Board  of Trustees shall determine, including a term that
 4        exceeds  5  years,  provided  that  each  such  lease  or
 5        purchase contract shall be and shall recite  that  it  is
 6        subject  to  termination and cancellation in any year for
 7        which the General Assembly fails to make an appropriation
 8        to pay the rent or purchase  installments  payable  under
 9        the terms of such lease or purchase contract; and
10             (3)  Sell property without compliance with the State
11        Property   Control   Act   and  retain  proceeds  in  the
12        University Treasury in a  special,  separate  development
13        fund  account  which the Auditor General shall examine to
14        assure compliance with this Act.
15    Any buildings or facilities to be developed on the land shall
16    be buildings or facilities that, in the determination of  the
17    Board  of  Trustees,  in whole or in part: (i) are for use by
18    the University; or (ii) otherwise advance  the  interests  of
19    the  University,  including,  by  way of example, residential
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
SB1627 Enrolled            -13-               LRB9011024THpkA
 1    college  or university under any law.  All development on the
 2    land and all use of any  buildings  or  facilities  shall  be
 3    subject to the control and approval of the Board of Trustees.
 4    (Source:  P.A.  88-554,  eff.  7-26-94; 88-670, eff. 12-2-94;
 5    89-691, eff. 12-31-96.)
 6        (110 ILCS 205/9.15 rep.)
 7        (110 ILCS 205/9.19 rep.)
 8        Section 15.  The Board of Higher Education Act is amended
 9    by repealing Sections 9.15 and 9.19.
10        (110 ILCS 910/Act rep.)
11        Section  20.    The   Illinois   Architecture-Engineering
12    Internship Act of 1983 is repealed.
13        Section  99.  Effective date.  This Act takes effect July
14    1, 1998.

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