110 ILCS 425/ University of Illinois Scientific Surveys Act.

(110 ILCS 425/1)

Sec. 1. Short title. This Act may be cited as the University of Illinois Scientific Surveys Act.

(Source: P.A. 95-728, eff. 7-1-08 - See Sec. 999.)

(110 ILCS 425/5)

Sec. 5. Purposes. The purposes of this Act are to establish at the University of Illinois the Prairie Research Institute and to transfer to it all rights, powers, duties, property, and functions currently vested in the Department of Natural Resources pertaining to its Illinois Natural History Survey, Illinois State Water Survey, Illinois State Geological Survey, and Illinois Sustainable Technology Center (formerly known as the Waste Management and Research Center).

(Source: P.A. 98-346, eff. 8-14-13.)

(110 ILCS 425/10)

Sec. 10. Definitions. For the purposes of this Act, unless the context otherwise requires:

"Board of Trustees" means the Board of Trustees of the University of Illinois.

"Scientific Surveys" means, collectively, the Illinois Natural History Survey, the Illinois State Water Survey, the Illinois State Geological Survey, and the Illinois Sustainable Technology Center (formerly known as the Waste Management and Research Center) transferred by this Act from the Department of Natural Resources to the Board of Trustees.

(Source: P.A. 98-346, eff. 8-14-13.)

(110 ILCS 425/15)

Sec. 15. Organization. The Board of Trustees shall establish and operate the Prairie Research Institute. The Institute shall contain within it the Illinois Natural History Survey, the Illinois State Water Survey, the Illinois State Geological Survey, the Illinois Sustainable Technology Center, the Illinois State Archaeological Survey, and such other related entities, research functions, and responsibilities as may be appropriate. The Institute shall be under the governance and control of the Board of Trustees.

(Source: P.A. 98-346, eff. 8-14-13.)

(110 ILCS 425/20)

Sec. 20. General powers and duties. In addition to its other powers and duties, the Board of Trustees shall have the power to provide for the management and operation of the Prairie Research Institute including, but not limited to, the following powers and duties which shall be performed by the Scientific Surveys:

(1) To investigate and study the natural and cultural resources of the State and to prepare reports and furnish information fundamental to the conservation and development of natural and cultural resources, and, for that purpose, the officers and employees thereof shall have the authority to enter and cross all lands in this State, doing no damage to private property.

(2) To collaborate with and advise departments having administrative powers and duties relating to the natural resources of the State, and to collaborate with similar departments in other states and with the United States Government.

(3) To conduct a natural history survey of the State, giving preference to subjects of educational and economical importance. The Illinois State Biologist shall be an employee of the Illinois Natural History Survey.

(4) To investigate the entomology of the State. The Illinois State Entomologist shall be an employee of the Illinois Natural History Survey.

(5) To investigate all insects dangerous or injurious to agricultural or horticultural plants and crops, to livestock, to nursery trees and plants, to the products of the truck farm and vegetable garden, to shade trees and other ornamental vegetation of cities and villages, and to the products of the mills and the contents of warehouses, and all insects injurious or dangerous to the public health.

(6) To study the geological formation of the State with reference to its resources of coal, ores, clays, building stones, cement, materials suitable for use in the construction of the roads, gas, oil, mineral and artesian water, aquifers and aquitards, and other resources and products. The Illinois State Geologist shall be an employee of the Illinois State Geological Survey.

(7) To cooperate with United States federal agencies in the preparation of geological and land surface maps and the collection, recording, and printing of water and atmospheric resource data, including stream flow measurements; to collect facts and data concerning the volumes and flow of underground, surface, and atmospheric waters of the State; and to determine the mineral and chemical qualities of water from different geological formations and surface and atmospheric waters for the various sections of the State.

(8) To act as the central data repository and research coordinator for the State in matters related to water and atmospheric resources. The Illinois State Water Survey of the University of Illinois may monitor and evaluate all weather modification operations in Illinois. The Illinois State Climatologist and the Illinois State Hydrologist shall be employees of the Illinois State Water Survey.

(9) To provide the results of the investigations and research in the field of natural science to the end that the same may be distributed to the interested public.

(10) To perform all other duties and assume all obligations of the Department of Natural Resources pertaining to the Illinois State Water Survey, the Illinois State Geological Survey, the Illinois Natural History Survey, the Illinois Sustainable Technology Center, and the Illinois State Archaeological Survey.

(11) To maintain all previously existing relationships between the Illinois State Water Survey, the Illinois State Geological Survey, the Illinois Natural History Survey, the Illinois Sustainable Technology Center, and the Illinois State Archaeological Survey and the public and private colleges and universities in Illinois.

(12) To participate in federal and State geologic mapping programs.

(13) To conduct educational programs to further the exchange of information to reduce the generation of hazardous wastes or to treat or dispose of such wastes so as to make them nonhazardous.

(14) To provide a technical information service for industries involved in the generation, treatment, or disposal of hazardous wastes.

(15) To disseminate information regarding advances in hazardous waste management technology and sustainability practices that could both protect the environment and further industrial productivity.

(16) To provide research in areas related to reduction of the generation of hazardous wastes; treatment, recycling and reuse; toxic pollution prevention; and other issues that the Board may suggest. The Illinois Pollution Prevention Scientist shall be an employee of the Illinois Sustainable Technology Center.

(17) To investigate, preserve, and interpret the archaeological heritage of this State within the contexts of public needs and sustainable economic development through scientific research, public service, education, and outreach activities. The Illinois State Archaeologist shall be an employee of the Illinois State Archeological Survey.

(Source: P.A. 98-346, eff. 8-14-13.)

(110 ILCS 425/21)

Sec. 21. (Repealed).

(Source: P.A. 100-917, eff. 8-17-18. Repealed internally, eff. 7-1-21.)

(110 ILCS 425/22)

Sec. 22. (Repealed).

(Source: P.A. 101-330, eff. 1-1-20. Repealed internally, eff. 7-1-21.)

(110 ILCS 425/25)

Sec. 25. Transfer of powers. All of the rights, powers, and duties vested by law in the Department of Natural Resources, or in any office, division, or bureau thereof, and pertaining in any way to the operation, management, control, and maintenance of the Scientific Surveys, including but not limited to, the authority to impose and collect fees and service charges, as deemed appropriate and necessary by the Board of Trustees, for the services performed or provided by the Scientific Surveys, are hereby transferred to and vested in the Board of Trustees.

(Source: P.A. 95-728, eff. 7-1-08 - See Sec. 999.)

(110 ILCS 425/30)

Sec. 30. Transfer of personnel. The employment of all scientific and nonscientific personnel employed by the Department of Natural Resources on behalf of the Scientific Surveys is hereby transferred to the Board of Trustees. The transfer shall not affect the status and rights of any person under the State Universities Retirement System or the State Universities Civil Service System.

(Source: P.A. 95-728, eff. 7-1-08 - See Sec. 999.)

(110 ILCS 425/35)

Sec. 35. Transfer of property.

(a) All books, records, papers, documents, property (real and personal), contracts, grants, and pending business in any way pertaining to the Scientific Surveys and to the rights, powers, and duties transferred by this Act from the Department of Natural Resources to the Board of Trustees, including but not limited to material in electronic or magnetic format and necessary computer hardware and software, shall be delivered and transferred to the Board of Trustees.

(b) The Board of Trustees shall succeed to, assume, and exercise all rights, powers, duties, property, and responsibilities formerly exercised by the Department of Natural Resources on behalf of the Scientific Surveys prior to the effective date of this Section. All contracts, grants, and agreements entered into by any of the Scientific Surveys or the Department of Natural Resources on behalf of any of the Scientific Surveys, prior to the effective date of this Section shall subsist notwithstanding the transfer of the functions of the Department of Natural Resources with respect to Scientific Surveys to the Board of Trustees. All bonds, notes, and other evidences of indebtedness outstanding on the effective date of this Section issued by the Department of Natural Resources on behalf of the Scientific Surveys, or any of them, shall become the bonds, notes, or other evidences of indebtedness of the University of Illinois and shall be otherwise unaffected by the transfer of functions to the Board of Trustees.

(c) The title to all patents, trademarks, and copyrights issued to any of the Scientific Surveys prior to the effective date of this Section is hereby transferred to and vested in the Board of Trustees. Any income received from those patents, trademarks, and copyrights and any funds received in connection with the retention, receipt, assignment, license, sale, or transfer of interest in, rights to, or income from discoveries, inventions, patents, trademarks, or copyrightable works of any of the Scientific Surveys shall become the property of the Board of Trustees on behalf of the University of Illinois.

(d) The title to all other property, whether real, personal, or mixed, and all accounts receivable belonging to or under the jurisdiction of the Department of Natural Resources in any way pertaining to the Scientific Surveys, or any of them, prior to the effective date of this Section is hereby transferred to and vested in the Board of Trustees on behalf of the University of Illinois.

(Source: P.A. 95-728, eff. 7-1-08 - See Sec. 999.)

(110 ILCS 425/40)

Sec. 40. Unexpended moneys transferred.

(a) The right of custody, possession, and control over all items of income, funds, or deposits in any way pertaining to the Scientific Surveys prior to the effective date of this Section that are held or retained by, or under the jurisdiction of, the Department of Natural Resources is hereby transferred to and vested in the Board of Trustees to be retained by the University in its treasury, or deposited with a bank or savings and loan association, all in accordance with the provisions of paragraph (2) of Section 6d of the State Finance Act.

(b) All unexpended appropriations and balances and other moneys available for use in connection with any of the functions transferred to the Board of Trustees under this Act, including but not limited to all unexpended grant proceeds pertaining in any way to the Scientific Surveys, is hereby transferred from the Department of Natural Resources to the Board of Trustees for use by the Board of Trustees in the exercise of those functions transferred. Unexpended balances so transferred shall be retained by the University of Illinois in its own treasury, or deposited with a bank or savings and loan association, and expended only for the purpose for which the appropriations or grants were originally made, all in accordance with the provisions of paragraph (2) of Section 6d of the State Finance Act.

(Source: P.A. 95-728, eff. 7-1-08 - See Sec. 999.)

(110 ILCS 425/45)

Sec. 45. Funds retained and disbursed. The University of Illinois may retain in its treasury any funds derived from contracts, grants, fees, service charges, rentals, or other sources, assessed or obtained for or arising out of the operation of the Scientific Surveys. Those funds shall be disbursed from time to time pursuant to the order and direction of the Board of Trustees, and in accordance with any contracts, pledges, trusts, or agreements heretofore or hereafter made by the Board of Trustees.

(Source: P.A. 95-728, eff. 7-1-08 - See Sec. 999.)

(110 ILCS 425/50)

Sec. 50. Savings provisions.

(a) The rights, powers and duties retained in the Department of Natural Resources and not transferred under this Act shall remain vested in and shall be exercised by the Department subject to the provisions of this Act.

(b) The transfer of rights, powers, and duties to the Board of Trustees under this Act does not invalidate any previous action taken by or in respect to any of its predecessor departments or divisions or their officers or employees. References to these predecessor departments or divisions or their officers or employees in any document, contract, agreement, or law shall, in appropriate contexts, be deemed to refer to the successor department, agency, officer, or employee. The Scientific Surveys shall continue to be eligible to receive sponsored funding from the Department of Natural Resources or any other State agency.

(c) The transfer of powers and duties to the Board of Trustees under this Act does not affect any person's rights, obligations, or duties, including any civil or criminal penalties applicable thereto, arising out of those transferred powers and duties.

(d) Whenever reports or notices are now required to be made or given or documents furnished or served by any person to or upon the departments or divisions, officers, and employees transferred by this Act, they shall be made, given, furnished, or served in the same manner to or upon the successor department or agency, officer, or employee.

(e) This Act does not affect any act done, ratified, or cancelled, any right occurring or established, or any action or proceeding had or commenced in an administrative, civil, or criminal cause before this Act takes effect. Any such action or proceeding still pending may be prosecuted and continued by the Department of Natural Resources.

(Source: P.A. 95-728, eff. 7-1-08 - See Sec. 999.)

(110 ILCS 425/55)

Sec. 55. Successor agency. For purposes of the Successor Agency Act and Section 9b of the State Finance Act, the Board of Trustees is the successor to the Department of Natural Resources and the Illinois Board of Natural Resources and Conservation with respect to the rights, powers, duties, property, functions, and other matters transferred by this Act.

(Source: P.A. 98-346, eff. 8-14-13.)

(110 ILCS 425/800)

Sec. 800. (Amendatory provisions; text omitted).

(Source: P.A. 95-728, eff. 7-1-08 - See Sec. 999; text omitted.)

(110 ILCS 425/805)

Sec. 805. (Amendatory provisions; text omitted).

(Source: P.A. 95-728, eff. 7-1-08 - See Sec. 999; text omitted.)

(110 ILCS 425/810)

Sec. 810. (Amendatory provisions; text omitted).

(Source: P.A. 95-728, eff. 7-1-08 - See Sec. 999; text omitted.)

(110 ILCS 425/815)

Sec. 815. The Department of Natural Resources Act is amended by repealing Sections 15-5 and 15-10.

(Source: P.A. 95-728, eff. 7-1-08 - See Sec. 999.)

(110 ILCS 425/820)

Sec. 820. (Amendatory provisions; text omitted).

(Source: P.A. 95-728, eff. 7-1-08 - See Sec. 999; text omitted.)

(110 ILCS 425/825)

Sec. 825. (Amendatory provisions; text omitted).

(Source: P.A. 95-728, eff. 7-1-08 - See Sec. 999; text omitted.)

(110 ILCS 425/830)

Sec. 830. (Amendatory provisions; text omitted).

(Source: P.A. 95-728, eff. 7-1-08 - See Sec. 999; text omitted.)

(110 ILCS 425/831)

Sec. 831. The Hazardous Waste Technology Exchange Service Act is amended by repealing Section 5.

(Source: P.A. 95-728, eff. 7-1-08 - See Sec. 999.)

(110 ILCS 425/835)

Sec. 835. (Amendatory provisions; text omitted).

(Source: P.A. 95-728, eff. 7-1-08 - See Sec. 999; text omitted.)

(110 ILCS 425/840)

Sec. 840. (Amendatory provisions; text omitted).

(Source: P.A. 95-728, eff. 7-1-08 - See Sec. 999; text omitted.)

(110 ILCS 425/845)

Sec. 845. (Amendatory provisions; text omitted).

(Source: P.A. 95-728, eff. 7-1-08 - See Sec. 999; text omitted.)

(110 ILCS 425/850)

Sec. 850. (Amendatory provisions; text omitted).

(Source: P.A. 95-728, eff. 7-1-08 - See Sec. 999; text omitted.)

(110 ILCS 425/855)

Sec. 855. (Amendatory provisions; text omitted).

(Source: P.A. 95-728, eff. 7-1-08 - See Sec. 999; text omitted.)

(110 ILCS 425/860)

Sec. 860. (Amendatory provisions; text omitted).

(Source: P.A. 95-728, eff. 7-1-08 - See Sec. 999; text omitted.)

(110 ILCS 425/865)

Sec. 865. (Amendatory provisions; text omitted).

(Source: P.A. 95-728, eff. 7-1-08 - See Sec. 999; text omitted.)

(110 ILCS 425/870)

Sec. 870. (Amendatory provisions; text omitted).

(Source: P.A. 95-728, eff. 7-1-08 - See Sec. 999; text omitted.)

(110 ILCS 425/875)

Sec. 875. (Amendatory provisions; text omitted).

(Source: P.A. 95-728, eff. 7-1-08 - See Sec. 999; text omitted.)

(110 ILCS 425/880)

Sec. 880. (Amendatory provisions; text omitted).

(Source: P.A. 95-728, eff. 7-1-08 - See Sec. 999; text omitted.)

(110 ILCS 425/885)

Sec. 885. (Amendatory provisions; text omitted).

(Source: P.A. 95-728, eff. 7-1-08 - See Sec. 999; text omitted.)

(110 ILCS 425/890)

Sec. 890. (Amendatory provisions; text omitted).

(Source: P.A. 95-728, eff. 7-1-08 - See Sec. 999; text omitted.)

(110 ILCS 425/895)

Sec. 895. (Amendatory provisions; text omitted).

(Source: P.A. 95-728, eff. 7-1-08 - See Sec. 999; text omitted.)

(110 ILCS 425/998)

Sec. 998. (Amendatory provisions; text omitted).

(Source: P.A. 95-728, eff. 7-1-08; text omitted.)

(110 ILCS 425/999)

Sec. 999. Effective date; validation. This Act takes effect on July 1, 2008. All actions taken by the Board of Trustees of the University of Illinois and by the officers, employees, and agents of the University of Illinois under this Act on or after July 1, 2008 and before the effective date of this amendatory Act of the 96th General Assembly are hereby ratified, validated, and confirmed as valid and lawful acts by the Board of Trustees of the University of Illinois and by the officers, employees, and agents of the University of Illinois.

(Source: P.A. 95-728, eff. 7-1-08; 96-999, eff. 7-2-10.)