State of Illinois
92nd General Assembly
Legislation

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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 this such arrangement, 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.)".

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