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Public Act 91-0396
SB412 Enrolled LRB9103669NTsb
AN ACT to amend the Illinois State University Law by
changing Sections 20-40 and 20-45.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois State University Law is amended
by changing Sections 20-40 and 20-45 as follows:
(110 ILCS 675/20-40)
Sec. 20-40. Contracts, conveyances, expenditures. The
Board shall have power to enter into contracts and to sue and
be sued, provided that any suit against the Board based upon
a claim sounding in tort must be filed in the Court of
Claims; to acquire by purchase, eminent domain or otherwise,
and to hold and convey title to real property as it shall
deem appropriate and personal property in accordance with the
State Property Control Act, except as otherwise provided in
paragraph (13) of Section 20-45; and to expend the funds
appropriated to or lawfully belonging to the Illinois State
University, provided that the Board in the exercise of the
powers conferred by this Article shall not create any
liability or indebtedness of funds from the State Treasury in
excess of the funds appropriated to Illinois State
University.
All real property acquired by the Board shall be held for
the People of the State of Illinois, for the use of Illinois
State University.
Any lease to the Board of lands, buildings or facilities
which will support scientific research and development in
such areas as high technology, super computing,
microelectronics, biotechnology, robotics, physics and
engineering shall be for a term not to exceed 18 years, and
may grant to the Board the option to purchase the lands,
buildings or facilities. The lease shall recite that it is
subject to termination and cancellation in any year for which
the General Assembly fails to make an appropriation to pay
the rent payable under the terms of the lease.
Leases for the purposes described herein exceeding 5
years shall have the approval of the Illinois Board of Higher
Education.
The Board's power to enter into contracts includes but is
not limited to the power to enter into contracts with
municipalities within which the University or any branch
thereof is located, in whole or in part, for such
municipality to provide fire protection or other essential
municipal services upon properties leased to for-profit
entities the title to which properties is held by the Board.
The Board shall pay to the municipality concerned such
equitable portion of the cost of providing such fire
protection or other essential municipal service as shall be
agreed to by the Board, and as part of the compensation for
such fire protection the Board may provide land and
buildings, or either, for fire stations to be used by the
municipality.
(Source: P.A. 89-4, eff. 1-1-96.)
(110 ILCS 675/20-45)
Sec. 20-45. Powers and duties. The Board also shall
have power and it shall be its duty:
(1) To make rules, regulations and bylaws, not
inconsistent with law, for the government and management of
Illinois State University and its branches;
(2) To employ, and, for good cause, to remove a
President of Illinois State University, and all necessary
deans, professors, associate professors, assistant
professors, instructors, other educational and administrative
assistants, and all other necessary employees, and to
prescribe their duties and contract with them upon matters
relating to tenure, salaries and retirement benefits in
accordance with the State Universities Civil Service Act.
Whenever the Board establishes a search committee to fill the
position of President of Illinois State University, there
shall be minority representation, including women, on that
search committee. The Board shall, upon the written request
of an employee of Illinois State University, withhold from
the compensation of that employee any dues, payments or
contributions payable by such employee to any labor
organization as defined in the Illinois Educational Labor
Relations Act. Under such arrangement, an amount shall be
withheld from each regular payroll period which is equal to
the pro rata share of the annual dues plus any payments or
contributions, and the Board shall transmit such withholdings
to the specified labor organization within 10 working days
from the time of the withholding;
(3) To prescribe the courses of study to be followed,
and textbooks and apparatus to be used at Illinois State
University;
(4) To issue upon the recommendation of the faculty,
diplomas to such persons as have satisfactorily completed the
required studies of Illinois State University, and confer
such professional and literary degrees as are usually
conferred by other institutions of like character for similar
or equivalent courses of study, or such as the Board may deem
appropriate;
(5) To examine into the conditions, management, and
administration of Illinois State University, to provide the
requisite buildings, apparatus, equipment and auxiliary
enterprises, and to fix and collect matriculation fees;
tuition fees; fees for student activities; fees for student
facilities such as student union buildings or field houses or
stadia or other recreational facilities; student welfare
fees; laboratory fees; and similar fees for supplies and
materials. The expense of the building, improving, repairing
and supplying fuel and furniture and the necessary appliances
and apparatus for conducting Illinois State University, the
reimbursed expenses of members of the Board, and the salaries
or compensation of the President, assistants, agents and
other employees of Illinois State University, shall be a
charge upon the State Treasury. All other expenses shall be
chargeable against students, and the Board shall regulate the
charges accordingly;
(6) To succeed to and to administer all trusts, trust
property, and gifts now or hereafter belonging or pertaining
to Illinois State University;
(7) To accept endowments of professorships or
departments in Illinois State University from any person who
may proffer them and, at regular meetings, to prescribe rules
and regulations in relation to endowments and declare on what
general principles they may be accepted;
(8) To enter into contracts with the Federal government
for providing courses of instruction and other services at
Illinois State University for persons serving in or with the
military or naval forces of the United States, and to provide
such courses of instruction and other services;
(9) To contract with respect to the Cooperative Computer
Center to obtain services related to electronic data
processing;
(10) To provide for the receipt and expenditures of
Federal funds paid to Illinois State University by the
Federal government for instruction and other services for
persons serving in or with the military or naval forces of
the United States, and to provide for audits of such funds;
(11) To appoint, subject to the applicable civil service
law, persons to be members of the Illinois State University
Police Department. Members of the Police Department shall be
conservators of the peace and as such have all powers
possessed by policemen in cities, and sheriffs, including the
power to make arrests on view or warrants of violations of
State statutes, University rules and regulations and city or
county ordinances, except that they may exercise such powers
only within counties wherein Illinois State University and
any of its branches or properties are located when such is
required for the protection of University properties and
interests, and its students and personnel, and otherwise,
within such counties, when requested by appropriate State or
local law enforcement officials. However, such officers shall
have no power to serve and execute civil processes;
(12) The Board may, directly or in cooperation with
other institutions of higher education, acquire by purchase
or lease or otherwise, and construct, enlarge, improve,
equip, complete, operate, control and manage research and
high technology parks, together with the necessary lands,
buildings, facilities, equipment, and personal property
therefor, to encourage and facilitate (i) the location and
development of business and industry in the State of
Illinois, and (ii) the increased application and development
of technology, and (iii) the improvement and development of
the State's economy. The Board may lease to nonprofit
corporations all or any part of the land, buildings,
facilities, equipment or other property included in a
research and high technology park upon such terms and
conditions as the Board may deem advisable and enter into any
contract or agreement with such nonprofit corporations as may
be necessary or suitable for the construction, financing,
operation and maintenance and management of any such park;
and may lease to any person, firm, partnership or
corporation, either public or private, any part or all of the
land, building, facilities, equipment or other property of
such park for such purposes and upon such rentals, terms and
conditions as the Board may deem advisable; and may finance
all or part of the cost of any such park, including the
purchase, lease, construction, reconstruction, improvement,
remodeling, addition to, and extension and maintenance of all
or part of such high technology park, and all equipment and
furnishings, by legislative appropriations, government
grants, contracts, private gifts, loans, receipts from the
operation of such high technology park, rentals and similar
receipts; and may make its other facilities and services
available to tenants or other occupants of any such park at
rates which are reasonable and appropriate;.
(13) To assist in the provision of lands, buildings, and
facilities that are supportive of university purposes and
suitable and appropriate for the conduct and operation of the
university's education programs, the Board of Trustees of
Illinois State University may exercise the powers specified
in subparagraphs (a), (b), and (c) of this paragraph (13)
with regard to the following described property located near
the Normal, Illinois campus of Illinois State University:
Parcel 1: Approximately 300 acres that form a part of
the Illinois State University Farm in Section 20,
Township 24 North, Range 2 East of the Third Principal
Meridian in McLean County, Illinois.
Parcels 2 and 3: Lands located in the Northeast Quadrant
of the City of Normal in McLean County, Illinois, one
such parcel consisting of approximately 150 acres located
north and east of the old Illinois Soldiers and Sailors
Children's School campus, and another such parcel,
located in the Northeast Quadrant of the old Soldiers and
Sailors Children's School Campus, consisting of
approximately 1.03.
(a) The Board of Trustees may sell, lease, or otherwise
transfer and convey all or part of the above described
parcels of real estate, together with the improvements
situated thereon, to a bona fide purchaser for value, without
compliance with the State Property Control Act and on such
terms as the Board of Trustees shall determine are in the
best interests of Illinois State University and consistent
with its objects and purposes.
(b) The Board of Trustees may retain the proceeds from
the sale, lease, or other transfer of all or any part of the
above described parcels of real estate in the University
treasury, in a special, separate development fund account
that the Auditor General shall examine to assure the use or
deposit of those proceeds in a manner consistent with the
provisions of subparagraph (c) of this paragraph (13).
(c) Moneys from the development fund account may be used
by the Board of Trustees of Illinois State University to
acquire and develop other land to achieve the same purposes
for which the parcels of real estate described in this item
(13), all or a part of which have been sold, leased, or
otherwise transferred and conveyed, were used and for the
purpose of demolition and the processes associated with
demolition on the acquired land. Moneys from the development
fund account used for any other purpose must be deposited
into and appropriated from the General Revenue Fund.
Buildings or facilities leased to an entity or person other
than the University shall not be subject to any limitations
applicable to a State-supported college or university under
any law. All development on the land and all the use of any
buildings or facilities shall be subject to the control and
approval of the Board of Trustees of Illinois State
University.
(Source: P.A. 89-4, eff. 1-1-96.)
Section 99. Effective date. This Act takes effect upon
becoming law.
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