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| [ Introduced ] | [ Engrossed ] | [ Senate Amendment 001 ] |
91_SB0412enr SB412 Enrolled LRB9103669NTsb 1 AN ACT to amend the Illinois State University Law by 2 changing Sections 20-40 and 20-45. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Illinois State University Law is amended 6 by changing Sections 20-40 and 20-45 as follows: 7 (110 ILCS 675/20-40) 8 Sec. 20-40. Contracts, conveyances, expenditures. The 9 Board shall have power to enter into contracts and to sue and 10 be sued, provided that any suit against the Board based upon 11 a claim sounding in tort must be filed in the Court of 12 Claims; to acquire by purchase, eminent domain or otherwise, 13 and to hold and convey title to real property as it shall 14 deem appropriate and personal property in accordance with the 15 State Property Control Act, except as otherwise provided in 16 paragraph (13) of Section 20-45; and to expend the funds 17 appropriated to or lawfully belonging to the Illinois State 18 University, provided that the Board in the exercise of the 19 powers conferred by this Article shall not create any 20 liability or indebtedness of funds from the State Treasury in 21 excess of the funds appropriated to Illinois State 22 University. 23 All real property acquired by the Board shall be held for 24 the People of the State of Illinois, for the use of Illinois 25 State University. 26 Any lease to the Board of lands, buildings or facilities 27 which will support scientific research and development in 28 such areas as high technology, super computing, 29 microelectronics, biotechnology, robotics, physics and 30 engineering shall be for a term not to exceed 18 years, and 31 may grant to the Board the option to purchase the lands, SB412 Enrolled -2- LRB9103669NTsb 1 buildings or facilities. The lease shall recite that it is 2 subject to termination and cancellation in any year for which 3 the General Assembly fails to make an appropriation to pay 4 the rent payable under the terms of the lease. 5 Leases for the purposes described herein exceeding 5 6 years shall have the approval of the Illinois Board of Higher 7 Education. 8 The Board's power to enter into contracts includes but is 9 not limited to the power to enter into contracts with 10 municipalities within which the University or any branch 11 thereof is located, in whole or in part, for such 12 municipality to provide fire protection or other essential 13 municipal services upon properties leased to for-profit 14 entities the title to which properties is held by the Board. 15 The Board shall pay to the municipality concerned such 16 equitable portion of the cost of providing such fire 17 protection or other essential municipal service as shall be 18 agreed to by the Board, and as part of the compensation for 19 such fire protection the Board may provide land and 20 buildings, or either, for fire stations to be used by the 21 municipality. 22 (Source: P.A. 89-4, eff. 1-1-96.) 23 (110 ILCS 675/20-45) 24 Sec. 20-45. Powers and duties. The Board also shall 25 have power and it shall be its duty: 26 (1) To make rules, regulations and bylaws, not 27 inconsistent with law, for the government and management of 28 Illinois State University and its branches; 29 (2) To employ, and, for good cause, to remove a 30 President of Illinois State University, and all necessary 31 deans, professors, associate professors, assistant 32 professors, instructors, other educational and administrative 33 assistants, and all other necessary employees, and to SB412 Enrolled -3- LRB9103669NTsb 1 prescribe their duties and contract with them upon matters 2 relating to tenure, salaries and retirement benefits in 3 accordance with the State Universities Civil Service Act. 4 Whenever the Board establishes a search committee to fill the 5 position of President of Illinois State University, there 6 shall be minority representation, including women, on that 7 search committee. The Board shall, upon the written request 8 of an employee of Illinois State University, withhold from 9 the compensation of that employee any dues, payments or 10 contributions payable by such employee to any labor 11 organization as defined in the Illinois Educational Labor 12 Relations Act. Under such arrangement, an amount shall be 13 withheld from each regular payroll period which is equal to 14 the pro rata share of the annual dues plus any payments or 15 contributions, and the Board shall transmit such withholdings 16 to the specified labor organization within 10 working days 17 from the time of the withholding; 18 (3) To prescribe the courses of study to be followed, 19 and textbooks and apparatus to be used at Illinois State 20 University; 21 (4) To issue upon the recommendation of the faculty, 22 diplomas to such persons as have satisfactorily completed the 23 required studies of Illinois State University, and confer 24 such professional and literary degrees as are usually 25 conferred by other institutions of like character for similar 26 or equivalent courses of study, or such as the Board may deem 27 appropriate; 28 (5) To examine into the conditions, management, and 29 administration of Illinois State University, to provide the 30 requisite buildings, apparatus, equipment and auxiliary 31 enterprises, and to fix and collect matriculation fees; 32 tuition fees; fees for student activities; fees for student 33 facilities such as student union buildings or field houses or 34 stadia or other recreational facilities; student welfare SB412 Enrolled -4- LRB9103669NTsb 1 fees; laboratory fees; and similar fees for supplies and 2 materials. The expense of the building, improving, repairing 3 and supplying fuel and furniture and the necessary appliances 4 and apparatus for conducting Illinois State University, the 5 reimbursed expenses of members of the Board, and the salaries 6 or compensation of the President, assistants, agents and 7 other employees of Illinois State University, shall be a 8 charge upon the State Treasury. All other expenses shall be 9 chargeable against students, and the Board shall regulate the 10 charges accordingly; 11 (6) To succeed to and to administer all trusts, trust 12 property, and gifts now or hereafter belonging or pertaining 13 to Illinois State University; 14 (7) To accept endowments of professorships or 15 departments in Illinois State University from any person who 16 may proffer them and, at regular meetings, to prescribe rules 17 and regulations in relation to endowments and declare on what 18 general principles they may be accepted; 19 (8) To enter into contracts with the Federal government 20 for providing courses of instruction and other services at 21 Illinois State University for persons serving in or with the 22 military or naval forces of the United States, and to provide 23 such courses of instruction and other services; 24 (9) To contract with respect to the Cooperative Computer 25 Center to obtain services related to electronic data 26 processing; 27 (10) To provide for the receipt and expenditures of 28 Federal funds paid to Illinois State University by the 29 Federal government for instruction and other services for 30 persons serving in or with the military or naval forces of 31 the United States, and to provide for audits of such funds; 32 (11) To appoint, subject to the applicable civil service 33 law, persons to be members of the Illinois State University 34 Police Department. Members of the Police Department shall be SB412 Enrolled -5- LRB9103669NTsb 1 conservators of the peace and as such have all powers 2 possessed by policemen in cities, and sheriffs, including the 3 power to make arrests on view or warrants of violations of 4 State statutes, University rules and regulations and city or 5 county ordinances, except that they may exercise such powers 6 only within counties wherein Illinois State University and 7 any of its branches or properties are located when such is 8 required for the protection of University properties and 9 interests, and its students and personnel, and otherwise, 10 within such counties, when requested by appropriate State or 11 local law enforcement officials. However, such officers shall 12 have no power to serve and execute civil processes; 13 (12) The Board may, directly or in cooperation with 14 other institutions of higher education, acquire by purchase 15 or lease or otherwise, and construct, enlarge, improve, 16 equip, complete, operate, control and manage research and 17 high technology parks, together with the necessary lands, 18 buildings, facilities, equipment, and personal property 19 therefor, to encourage and facilitate (i) the location and 20 development of business and industry in the State of 21 Illinois, and (ii) the increased application and development 22 of technology, and (iii) the improvement and development of 23 the State's economy. The Board may lease to nonprofit 24 corporations all or any part of the land, buildings, 25 facilities, equipment or other property included in a 26 research and high technology park upon such terms and 27 conditions as the Board may deem advisable and enter into any 28 contract or agreement with such nonprofit corporations as may 29 be necessary or suitable for the construction, financing, 30 operation and maintenance and management of any such park; 31 and may lease to any person, firm, partnership or 32 corporation, either public or private, any part or all of the 33 land, building, facilities, equipment or other property of 34 such park for such purposes and upon such rentals, terms and SB412 Enrolled -6- LRB9103669NTsb 1 conditions as the Board may deem advisable; and may finance 2 all or part of the cost of any such park, including the 3 purchase, lease, construction, reconstruction, improvement, 4 remodeling, addition to, and extension and maintenance of all 5 or part of such high technology park, and all equipment and 6 furnishings, by legislative appropriations, government 7 grants, contracts, private gifts, loans, receipts from the 8 operation of such high technology park, rentals and similar 9 receipts; and may make its other facilities and services 10 available to tenants or other occupants of any such park at 11 rates which are reasonable and appropriate;.12 (13) To assist in the provision of lands, buildings, and 13 facilities that are supportive of university purposes and 14 suitable and appropriate for the conduct and operation of the 15 university's education programs, the Board of Trustees of 16 Illinois State University may exercise the powers specified 17 in subparagraphs (a), (b), and (c) of this paragraph (13) 18 with regard to the following described property located near 19 the Normal, Illinois campus of Illinois State University: 20 Parcel 1: Approximately 300 acres that form a part of 21 the Illinois State University Farm in Section 20, 22 Township 24 North, Range 2 East of the Third Principal 23 Meridian in McLean County, Illinois. 24 Parcels 2 and 3: Lands located in the Northeast Quadrant 25 of the City of Normal in McLean County, Illinois, one 26 such parcel consisting of approximately 150 acres located 27 north and east of the old Illinois Soldiers and Sailors 28 Children's School campus, and another such parcel, 29 located in the Northeast Quadrant of the old Soldiers and 30 Sailors Children's School Campus, consisting of 31 approximately 1.03. 32 (a) The Board of Trustees may sell, lease, or otherwise 33 transfer and convey all or part of the above described 34 parcels of real estate, together with the improvements SB412 Enrolled -7- LRB9103669NTsb 1 situated thereon, to a bona fide purchaser for value, without 2 compliance with the State Property Control Act and on such 3 terms as the Board of Trustees shall determine are in the 4 best interests of Illinois State University and consistent 5 with its objects and purposes. 6 (b) The Board of Trustees may retain the proceeds from 7 the sale, lease, or other transfer of all or any part of the 8 above described parcels of real estate in the University 9 treasury, in a special, separate development fund account 10 that the Auditor General shall examine to assure the use or 11 deposit of those proceeds in a manner consistent with the 12 provisions of subparagraph (c) of this paragraph (13). 13 (c) Moneys from the development fund account may be used 14 by the Board of Trustees of Illinois State University to 15 acquire and develop other land to achieve the same purposes 16 for which the parcels of real estate described in this item 17 (13), all or a part of which have been sold, leased, or 18 otherwise transferred and conveyed, were used and for the 19 purpose of demolition and the processes associated with 20 demolition on the acquired land. Moneys from the development 21 fund account used for any other purpose must be deposited 22 into and appropriated from the General Revenue Fund. 23 Buildings or facilities leased to an entity or person other 24 than the University shall not be subject to any limitations 25 applicable to a State-supported college or university under 26 any law. All development on the land and all the use of any 27 buildings or facilities shall be subject to the control and 28 approval of the Board of Trustees of Illinois State 29 University. 30 (Source: P.A. 89-4, eff. 1-1-96.) 31 Section 99. Effective date. This Act takes effect upon 32 becoming law.