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92_HB3299ham001 LRB9204214NTsbam 1 AMENDMENT TO HOUSE BILL 3299 2 AMENDMENT NO. . Amend House Bill 3299 by replacing 3 everything after the enacting clause with the following: 4 "Section 5. The University of Illinois Act is amended by 5 changing Section 7 as follows: 6 (110 ILCS 305/7) (from Ch. 144, par. 28) 7 Sec. 7. Powers of trustees. 8 (a) The trustees shall have power to provide for the 9 requisite buildings, apparatus, and conveniences; to fix the 10 rates for tuition; to appoint such professors and 11 instructors, and to establish and provide for the management 12 of such model farms, model art, and other departments and 13 professorships, as may be required to teach, in the most 14 thorough manner, such branches of learning as are related to 15 agriculture and the mechanic arts, and military tactics, 16 without excluding other scientific and classical studies. The 17 trustees shall, upon the written request of an employee 18 withhold from the compensation of that employee any dues, 19 payments or contributions payable by such employee to any 20 labor organization as defined in the Illinois Educational 21 Labor Relations Act. Under thissucharrangement, an amount 22 shall be withheld from each regular payroll period which is -2- LRB9204214NTsbam 1 equal to the pro rata share of the annual dues plus any 2 payments or contributions, and the trustees shall transmit 3 such withholdings to the specified labor organization within 4 10 working days from the time of the withholding. They may 5 accept the endowments and voluntary professorships or 6 departments in the University, from any person or persons or 7 corporations who may offer the same, and, at any regular 8 meeting of the board, may prescribe rules and regulations in 9 relation to such endowments and declare on what general 10 principles they may be admitted: Provided, that such special 11 voluntary endowments or professorships shall not be 12 incompatible with the true design and scope of the act of 13 congress, or of this Act: Provided, that no student shall at 14 any time be allowed to remain in or about the University in 15 idleness, or without full mental or industrial occupation: 16 And provided further, that the trustees, in the exercise of 17 any of the powers conferred by this Act, shall not create any 18 liability or indebtedness in excess of the funds in the hands 19 of the treasurer of the University at the time of creating 20 such liability or indebtedness, and which may be specially 21 and properly applied to the payment of the same. Any lease to 22 the trustees of lands, buildings or facilities which will 23 support scientific research and development in such areas as 24 high technology, super computing, microelectronics, 25 biotechnology, robotics, physics and engineering shall be for 26 a term not to exceed 18 years, and may grant to the trustees 27 the option to purchase the lands, buildings or facilities. 28 The lease shall recite that it is subject to termination and 29 cancellation in any year for which the General Assembly fails 30 to make an appropriation to pay the rent payable under the 31 terms of the lease. 32 Leases for the purposes described herein exceeding 5 33 years shall have the approval of the Illinois Board of Higher 34 Education. -3- LRB9204214NTsbam 1 The Board of Trustees may, directly or in cooperation 2 with other institutions of higher education, acquire by 3 purchase or lease or otherwise, and construct, enlarge, 4 improve, equip, complete, operate, control and manage medical 5 research and high technology parks, together with the 6 necessary lands, buildings, facilities, equipment and 7 personal property therefor, to encourage and facilitate (a) 8 the location and development of business and industry in the 9 State of Illinois, and (b) the increased application and 10 development of technology and (c) the improvement and 11 development of the State's economy. The Board of Trustees may 12 lease to nonprofit corporations all or any part of the land, 13 buildings, facilities, equipment or other property included 14 in a medical research and high technology park upon such 15 terms and conditions as the University of Illinois may deem 16 advisable and enter into any contract or agreement with such 17 nonprofit corporations as may be necessary or suitable for 18 the construction, financing, operation and maintenance and 19 management of any such park; and may lease to any person, 20 firm, partnership or corporation, either public or private, 21 any part or all of the land, building, facilities, equipment 22 or other property of such park for such purposes and upon 23 such rentals, terms and conditions as the University may deem 24 advisable; and may finance all or part of the cost of any 25 such park, including the purchase, lease, construction, 26 reconstruction, improvement, remodeling, addition to, and 27 extension and maintenance of all or part of such high 28 technology park, and all equipment and furnishings, by 29 legislative appropriations, government grants, contracts, 30 private gifts, loans, receipts from the operation of such 31 high technology park, rentals and similar receipts; and may 32 make its other facilities and services available to tenants 33 or other occupants of any such park at rates which are 34 reasonable and appropriate. -4- LRB9204214NTsbam 1 The Trustees shall have power (a) to purchase real 2 property and easements, and (b) to acquire real property and 3 easements in the manner provided by law for the exercise of 4 the right of eminent domain, and in the event negotiations 5 for the acquisition of real property or easements for making 6 any improvement which the Trustees are authorized to make 7 shall have proven unsuccessful and the Trustees shall have by 8 resolution adopted a schedule or plan of operation for the 9 execution of the project and therein made a finding that it 10 is necessary to take such property or easements immediately 11 or at some specified later date in order to comply with the 12 schedule, the Trustees may acquire such property or easements 13 in the same manner provided in Sections 7-103 through 7-112 14 of the Code of Civil Procedure. 15 The Board of Trustees also shall have power to agree with 16 the State's Attorney of the county in which any properties of 17 the Board are located to pay for services rendered by the 18 various taxing districts for the years 1944 through 1949 and 19 to pay annually for services rendered thereafter by such 20 district such sums as may be determined by the Board upon 21 properties used solely for income producing purposes, title 22 to which is held by said Board of Trustees, upon properties 23 leased to members of the staff of the University of Illinois, 24 title to which is held in trust for said Board of Trustees 25 and upon properties leased to for-profit entities the title 26 to which properties is held by the Board of Trustees. A 27 certified copy of any such agreement made with the State's 28 Attorney shall be filed with the County Clerk and such sums 29 shall be distributed to the respective taxing districts by 30 the County Collector in such proportions that each taxing 31 district will receive therefrom such proportion as the tax 32 rate of such taxing district bears to the total tax rate that 33 would be levied against such properties if they were not 34 exempt from taxation under the Property Tax Code. -5- LRB9204214NTsbam 1 The Board of Trustees of the University of Illinois, 2 subject to the applicable civil service law, may appoint 3 persons to be members of the University of Illinois Police 4 Department. Members of the Police Department shall be peace 5 officers and as such have all powers possessed by policemen 6 in cities, and sheriffs, including the power to make arrests 7 on view or warrants of violations of state statutes and city 8 or county ordinances, except that they may exercise such 9 powers only in counties wherein the University and any of its 10 branches or properties are located when such is required for 11 the protection of university properties and interests, and 12 its students and personnel, and otherwise, within such 13 counties, when requested by appropriate state or local law 14 enforcement officials; provided, however, that such officer 15 shall have no power to serve and execute civil processes. 16 The Board of Trustees must authorize to each member of 17 the University of Illinois Police Department and to any other 18 employee of the University of Illinois exercising the powers 19 of a peace officer a distinct badge that, on its face, (i) 20 clearly states that the badge is authorized by the University 21 of Illinois and (ii) contains a unique identifying number. No 22 other badge shall be authorized by the University of 23 Illinois. 24 The Board of Trustees may own, operate, or govern, by or 25 through the College of Medicine at Peoria, a managed care 26 community network established under subsection (r) of Section 27 5-16.3 of the Illinois Public Aid Code. 28 The powers of the trustees as herein designated are 29 subject to the provisions of "An Act creating a Board of 30 Higher Education, defining its powers and duties, making an 31 appropriation therefor, and repealing an Act herein named", 32 approved August 22, 1961, as amended. 33 The Board of Trustees shall have the authority to adopt 34 all administrative rules which may be necessary for the -6- LRB9204214NTsbam 1 effective administration, enforcement and regulation of all 2 matters for which the Board has jurisdiction or 3 responsibility. 4 (b) To assist in the provision of buildings and 5 facilities beneficial to, useful for, or supportive of 6 University purposes, the Board of Trustees of the University 7 of Illinois may exercise the following powers with regard to 8 the area located on or adjacent to the University of Illinois 9 at Chicago campus and bounded as follows: on the West by 10 Morgan Street; on the North by Roosevelt Road; on the East by 11 Union Street; and on the South by 16th Street, in the City of 12 Chicago: 13 (1) Acquire any interests in land, buildings, or 14 facilities by purchase, including installments payable 15 over a period allowed by law, by lease over a term of 16 such duration as the Board of Trustees shall determine, 17 or by exercise of the power of eminent domain; 18 (2) Sub-lease or contract to purchase through 19 installments all or any portion of buildings or 20 facilities for such duration and on such terms as the 21 Board of Trustees shall determine, including a term that 22 exceeds 5 years, provided that each such lease or 23 purchase contract shall be and shall recite that it is 24 subject to termination and cancellation in any year for 25 which the General Assembly fails to make an appropriation 26 to pay the rent or purchase installments payable under 27 the terms of such lease or purchase contract; and 28 (3) Sell property without compliance with the State 29 Property Control Act and retain proceeds in the 30 University Treasury in a special, separate development 31 fund account which the Auditor General shall examine to 32 assure compliance with this Act. 33 Any buildings or facilities to be developed on the land shall 34 be buildings or facilities that, in the determination of the -7- LRB9204214NTsbam 1 Board of Trustees, in whole or in part: (i) are for use by 2 the University; or (ii) otherwise advance the interests of 3 the University, including, by way of example, residential 4 facilities for University staff and students and commercial 5 facilities which provide services needed by the University 6 community. Revenues from the development fund account may be 7 withdrawn by the University for the purpose of demolition and 8 the processes associated with demolition; routine land and 9 property acquisition; extension of utilities; streetscape 10 work; landscape work; surface and structure parking; 11 sidewalks, recreational paths, and street construction; and 12 lease and lease purchase arrangements and the professional 13 services associated with the planning and development of the 14 area. Moneys from the development fund account used for any 15 other purpose must be deposited into and appropriated from 16 the General Revenue Fund. Buildings or facilities leased to 17 an entity or person other than the University shall not be 18 subject to any limitations applicable to a State supported 19 college or university under any law. All development on the 20 land and all use of any buildings or facilities shall be 21 subject to the control and approval of the Board of Trustees. 22 (Source: P.A. 90-730, eff. 8-10-98; 91-883, eff. 1-1-01.)".