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| [ House Amendment 001 ] |
92_HB3299
LRB9204214NTsb
1 AN ACT concerning higher education.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The State Property Control Act is amended by
5 adding Section 8.5 as follows:
6 (30 ILCS 605/8.5 new)
7 Sec. 8.5. No application. The provisions of this Act do
8 not apply to a transaction conducted under subsection (c) of
9 Section 7 of the University of Illinois Act.
10 Section 10. The University of Illinois Act is amended by
11 changing Section 7 as follows:
12 (110 ILCS 305/7) (from Ch. 144, par. 28)
13 Sec. 7. Powers of trustees.
14 (a) The trustees shall have power to provide for the
15 requisite buildings, apparatus, and conveniences; to fix the
16 rates for tuition; to appoint such professors and
17 instructors, and to establish and provide for the management
18 of such model farms, model art, and other departments and
19 professorships, as may be required to teach, in the most
20 thorough manner, such branches of learning as are related to
21 agriculture and the mechanic arts, and military tactics,
22 without excluding other scientific and classical studies. The
23 trustees shall, upon the written request of an employee
24 withhold from the compensation of that employee any dues,
25 payments or contributions payable by such employee to any
26 labor organization as defined in the Illinois Educational
27 Labor Relations Act. Under such arrangement, an amount shall
28 be withheld from each regular payroll period which is equal
29 to the pro rata share of the annual dues plus any payments or
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1 contributions, and the trustees shall transmit such
2 withholdings to the specified labor organization within 10
3 working days from the time of the withholding. They may
4 accept the endowments and voluntary professorships or
5 departments in the University, from any person or persons or
6 corporations who may offer the same, and, at any regular
7 meeting of the board, may prescribe rules and regulations in
8 relation to such endowments and declare on what general
9 principles they may be admitted: Provided, that such special
10 voluntary endowments or professorships shall not be
11 incompatible with the true design and scope of the act of
12 congress, or of this Act: Provided, that no student shall at
13 any time be allowed to remain in or about the University in
14 idleness, or without full mental or industrial occupation:
15 And provided further, that the trustees, in the exercise of
16 any of the powers conferred by this Act, shall not create any
17 liability or indebtedness in excess of the funds in the hands
18 of the treasurer of the University at the time of creating
19 such liability or indebtedness, and which may be specially
20 and properly applied to the payment of the same. Any lease to
21 the trustees of lands, buildings or facilities which will
22 support scientific research and development in such areas as
23 high technology, super computing, microelectronics,
24 biotechnology, robotics, physics and engineering shall be for
25 a term not to exceed 18 years, and may grant to the trustees
26 the option to purchase the lands, buildings or facilities.
27 The lease shall recite that it is subject to termination and
28 cancellation in any year for which the General Assembly fails
29 to make an appropriation to pay the rent payable under the
30 terms of the lease.
31 Leases for the purposes described herein exceeding 5
32 years shall have the approval of the Illinois Board of Higher
33 Education.
34 The Board of Trustees may, directly or in cooperation
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1 with other institutions of higher education, acquire by
2 purchase or lease or otherwise, and construct, enlarge,
3 improve, equip, complete, operate, control and manage medical
4 research and high technology parks, together with the
5 necessary lands, buildings, facilities, equipment and
6 personal property therefor, to encourage and facilitate (a)
7 the location and development of business and industry in the
8 State of Illinois, and (b) the increased application and
9 development of technology and (c) the improvement and
10 development of the State's economy. The Board of Trustees may
11 lease to nonprofit corporations all or any part of the land,
12 buildings, facilities, equipment or other property included
13 in a medical research and high technology park upon such
14 terms and conditions as the University of Illinois may deem
15 advisable and enter into any contract or agreement with such
16 nonprofit corporations as may be necessary or suitable for
17 the construction, financing, operation and maintenance and
18 management of any such park; and may lease to any person,
19 firm, partnership or corporation, either public or private,
20 any part or all of the land, building, facilities, equipment
21 or other property of such park for such purposes and upon
22 such rentals, terms and conditions as the University may deem
23 advisable; and may finance all or part of the cost of any
24 such park, including the purchase, lease, construction,
25 reconstruction, improvement, remodeling, addition to, and
26 extension and maintenance of all or part of such high
27 technology park, and all equipment and furnishings, by
28 legislative appropriations, government grants, contracts,
29 private gifts, loans, receipts from the operation of such
30 high technology park, rentals and similar receipts; and may
31 make its other facilities and services available to tenants
32 or other occupants of any such park at rates which are
33 reasonable and appropriate.
34 The Trustees shall have power (a) to purchase real
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1 property and easements, and (b) to acquire real property and
2 easements in the manner provided by law for the exercise of
3 the right of eminent domain, and in the event negotiations
4 for the acquisition of real property or easements for making
5 any improvement which the Trustees are authorized to make
6 shall have proven unsuccessful and the Trustees shall have by
7 resolution adopted a schedule or plan of operation for the
8 execution of the project and therein made a finding that it
9 is necessary to take such property or easements immediately
10 or at some specified later date in order to comply with the
11 schedule, the Trustees may acquire such property or easements
12 in the same manner provided in Sections 7-103 through 7-112
13 of the Code of Civil Procedure.
14 The Board of Trustees also shall have power to agree with
15 the State's Attorney of the county in which any properties of
16 the Board are located to pay for services rendered by the
17 various taxing districts for the years 1944 through 1949 and
18 to pay annually for services rendered thereafter by such
19 district such sums as may be determined by the Board upon
20 properties used solely for income producing purposes, title
21 to which is held by said Board of Trustees, upon properties
22 leased to members of the staff of the University of Illinois,
23 title to which is held in trust for said Board of Trustees
24 and upon properties leased to for-profit entities the title
25 to which properties is held by the Board of Trustees. A
26 certified copy of any such agreement made with the State's
27 Attorney shall be filed with the County Clerk and such sums
28 shall be distributed to the respective taxing districts by
29 the County Collector in such proportions that each taxing
30 district will receive therefrom such proportion as the tax
31 rate of such taxing district bears to the total tax rate that
32 would be levied against such properties if they were not
33 exempt from taxation under the Property Tax Code.
34 The Board of Trustees of the University of Illinois,
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1 subject to the applicable civil service law, may appoint
2 persons to be members of the University of Illinois Police
3 Department. Members of the Police Department shall be peace
4 officers and as such have all powers possessed by policemen
5 in cities, and sheriffs, including the power to make arrests
6 on view or warrants of violations of state statutes and city
7 or county ordinances, except that they may exercise such
8 powers only in counties wherein the University and any of its
9 branches or properties are located when such is required for
10 the protection of university properties and interests, and
11 its students and personnel, and otherwise, within such
12 counties, when requested by appropriate state or local law
13 enforcement officials; provided, however, that such officer
14 shall have no power to serve and execute civil processes.
15 The Board of Trustees must authorize to each member of
16 the University of Illinois Police Department and to any other
17 employee of the University of Illinois exercising the powers
18 of a peace officer a distinct badge that, on its face, (i)
19 clearly states that the badge is authorized by the University
20 of Illinois and (ii) contains a unique identifying number. No
21 other badge shall be authorized by the University of
22 Illinois.
23 The Board of Trustees may own, operate, or govern, by or
24 through the College of Medicine at Peoria, a managed care
25 community network established under subsection (r) of Section
26 5-16.3 of the Illinois Public Aid Code.
27 The powers of the trustees as herein designated are
28 subject to the provisions of "An Act creating a Board of
29 Higher Education, defining its powers and duties, making an
30 appropriation therefor, and repealing an Act herein named",
31 approved August 22, 1961, as amended.
32 The Board of Trustees shall have the authority to adopt
33 all administrative rules which may be necessary for the
34 effective administration, enforcement and regulation of all
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1 matters for which the Board has jurisdiction or
2 responsibility.
3 (b) To assist in the provision of buildings and
4 facilities beneficial to, useful for, or supportive of
5 University purposes, the Board of Trustees of the University
6 of Illinois may exercise the following powers with regard to
7 the area located on or adjacent to the University of Illinois
8 at Chicago campus and bounded as follows: on the West by
9 Morgan Street; on the North by Roosevelt Road; on the East by
10 Union Street; and on the South by 16th Street, in the City of
11 Chicago:
12 (1) Acquire any interests in land, buildings, or
13 facilities by purchase, including installments payable
14 over a period allowed by law, by lease over a term of
15 such duration as the Board of Trustees shall determine,
16 or by exercise of the power of eminent domain;
17 (2) Sub-lease or contract to purchase through
18 installments all or any portion of buildings or
19 facilities for such duration and on such terms as the
20 Board of Trustees shall determine, including a term that
21 exceeds 5 years, provided that each such lease or
22 purchase contract shall be and shall recite that it is
23 subject to termination and cancellation in any year for
24 which the General Assembly fails to make an appropriation
25 to pay the rent or purchase installments payable under
26 the terms of such lease or purchase contract; and
27 (3) Sell property without compliance with the State
28 Property Control Act and retain proceeds in the
29 University Treasury in a special, separate development
30 fund account which the Auditor General shall examine to
31 assure compliance with this Act.
32 Any buildings or facilities to be developed on the land shall
33 be buildings or facilities that, in the determination of the
34 Board of Trustees, in whole or in part: (i) are for use by
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1 the University; or (ii) otherwise advance the interests of
2 the University, including, by way of example, residential
3 facilities for University staff and students and commercial
4 facilities which provide services needed by the University
5 community. Revenues from the development fund account may be
6 withdrawn by the University for the purpose of demolition and
7 the processes associated with demolition; routine land and
8 property acquisition; extension of utilities; streetscape
9 work; landscape work; surface and structure parking;
10 sidewalks, recreational paths, and street construction; and
11 lease and lease purchase arrangements and the professional
12 services associated with the planning and development of the
13 area. Moneys from the development fund account used for any
14 other purpose must be deposited into and appropriated from
15 the General Revenue Fund. Buildings or facilities leased to
16 an entity or person other than the University shall not be
17 subject to any limitations applicable to a State supported
18 college or university under any law. All development on the
19 land and all use of any buildings or facilities shall be
20 subject to the control and approval of the Board of Trustees.
21 (c) To assist in the provision of lands, buildings, and
22 facilities that are supportive of university purposes and
23 suitable and appropriate for the conduct and operation of the
24 university's education programs, the Board of Trustees of the
25 University of Illinois may exercise the powers specified in
26 paragraphs (1), (2), and (3) of this subsection (c) with
27 regard to the following described property:
28 Parcel 1: Approximately 204 acres commonly known as
29 the Manteno Farm described as: The Northeast Quarter of
30 Section 35, Township 32 North, Range 12 East of the Third
31 Principal Meridian in Kankakee County, Illinois
32 containing approximately 163.60 acres; and the Northwest
33 Quarter of the Southeast Quarter of Section 35, Township
34 32 North, Range 12 East of the Third Principal Meridian
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1 in Kankakee County, Illinois containing approximately
2 40.73 acres.
3 Parcel 2: Approximately 160 acres commonly known as
4 the Pell Farm described as: The Northwest Quarter of
5 Section 28 in Township 19 North, Range 9 East of the
6 Third Principal Meridian in Champaign County, Illinois.
7 Parcel 3: The property commonly known as 904 West
8 Adams Street, Chicago, consisting of the following lots
9 in Block 8 in Duncan's Addition to Chicago in Section 17,
10 Township 39 North, Range 14, East of the Third Principal
11 Meridian, Cook County, Illinois: Lots 4, 5, 6, 7, 8, 9,
12 and 10 in Block 8 Duncan's Addition; Sub-Lots 3, 4, 5, 6,
13 7, and 8 in the Resubdivision of Lots 11, 12, and 13 in
14 Block 8, Duncan's Addition; Lots 1 and 2 in Spry's
15 Subdivision of the Lots 11, 12, and 13 in Block 8,
16 Duncan's Addition, Chicago, Illinois.
17 (1) The Board of Trustees may sell, lease, or
18 otherwise transfer and convey all or part of the above
19 described parcels of real estate, together with the
20 improvements situated thereon, to a bona fide purchaser
21 for value, without compliance with the State Property
22 Control Act and on such terms as the Board of Trustees
23 shall determine are in the best interests of the
24 University of Illinois and consistent with its objectives
25 and purposes. The Board of Trustees must strive for the
26 highest prospective revenue from the transaction.
27 (2) The Board of Trustees may retain the proceeds
28 from the sale, lease, or other transfer of all or any
29 part of the above described parcels of real estate in the
30 University Treasury, in a special, separate development
31 fund account that the Auditor General shall examine to
32 assure the use or deposit of those proceeds in a manner
33 consistent with this Act.
34 (3) Revenues deposited into the development fund
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1 account from the sale of Parcel 1 and Parcel 2 shall be
2 used by the Board of Trustees to acquire and develop land
3 for the South Campus Farms on the Urbana-Champaign
4 campus. Revenues deposited into the development fund
5 account from the sale of Parcel 3 shall be used by the
6 Board of Trustees to acquire and, as necessary, remodel
7 warehouse space to replace warehouse space being lost in
8 Chicago as part of the South Campus Development and from
9 the sale of Parcel 3. Moneys from the development fund
10 account used for any other purpose, any remaining balance
11 in the development fund account upon conclusion of these
12 projects, and any money in the development fund account
13 that remains unused for these projects, must be deposited
14 into and appropriated from the General Revenue Fund.
15 (Source: P.A. 90-730, eff. 8-10-98; 91-883, eff. 1-1-01.)
16 Section 99. Effective date. This Act takes effect upon
17 becoming law.