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| [ Senate Amendment 001 ] |
91_SB0916eng SB916 Engrossed LRB9102632NTsb 1 AN ACT to amend the Eastern Illinois University Law by 2 changing Sections 10-40 and 10-45. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Eastern Illinois University Law is 6 amended by changing Sections 10-40 and 10-45 as follows: 7 (110 ILCS 665/10-40) 8 Sec. 10-40. 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 subsection (c) of Section 10-45 of this Law; and to expend 17 the funds appropriated to or lawfully belonging to the 18 Eastern Illinois University, provided that the Board in the 19 exercise of the powers conferred by this Article shall not 20 create any liability or indebtedness of funds from the State 21 Treasury in excess of the funds appropriated to Eastern 22 Illinois 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 Eastern 25 Illinois 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 SB916 Engrossed -2- LRB9102632NTsb 1 may grant to the Board the option to purchase the lands, 2 buildings or facilities. The lease shall recite that it is 3 subject to termination and cancellation in any year for which 4 the General Assembly fails to make an appropriation to pay 5 the rent payable under the terms of the lease. 6 Leases for the purposes described herein exceeding 5 7 years shall have the approval of the Illinois Board of Higher 8 Education. 9 The Board's power to enter into contracts includes but is 10 not limited to the power to enter into contracts with 11 municipalities within which the University or any branch 12 thereof is located, in whole or in part, for such 13 municipality to provide fire protection or other essential 14 municipal services upon properties leased to for-profit 15 entities the title to which properties is held by the Board. 16 The Board shall pay to the municipality concerned such 17 equitable portion of the cost of providing such fire 18 protection or other essential municipal service as shall be 19 agreed to by the Board, and as part of the compensation for 20 such fire protection the Board may provide land and 21 buildings, or either, for fire stations to be used by the 22 municipality. 23 (Source: P.A. 89-4, eff. 1-1-96.) 24 (110 ILCS 665/10-45) 25 Sec. 10-45. Powers and duties. 26 (a) The Board also shall have power and it shall be its 27 duty: 28 (1) To make rules, regulations and bylaws, not 29 inconsistent with law, for the government and management 30 of Eastern Illinois University and its branches.;31 (2) To employ, and, for good cause, to remove a 32 President of Eastern Illinois University, and all 33 necessary deans, professors, associate professors, SB916 Engrossed -3- LRB9102632NTsb 1 assistant professors, instructors, other educational and 2 administrative assistants, and all other necessary 3 employees, and to prescribe their duties and contract 4 with them upon matters relating to tenure, salaries and 5 retirement benefits in accordance with the State 6 Universities Civil Service Act. Whenever the Board 7 establishes a search committee to fill the position of 8 President of Eastern Illinois University, there shall be 9 minority representation, including women, on that search 10 committee. The Board shall, upon the written request of 11 an employee of Eastern Illinois University, withhold from 12 the compensation of that employee any dues, payments or 13 contributions payable by such employee to any labor 14 organization as defined in the Illinois Educational Labor 15 Relations Act. Under such arrangement, an amount shall 16 be withheld from each regular payroll period which is 17 equal to the pro rata share of the annual dues plus any 18 payments or contributions, and the Board shall transmit 19 such withholdings to the specified labor organization 20 within 10 working days from the time of the withholding.;2122 (3) To prescribe the courses of study to be 23 followed, and textbooks and apparatus to be used at 24 Eastern Illinois University.;25 (4) To issue upon the recommendation of the 26 faculty, diplomas to such persons as have satisfactorily 27 completed the required studies of Eastern Illinois 28 University, and confer such professional and literary 29 degrees as are usually conferred by other institutions of 30 like character for similar or equivalent courses of 31 study, or such as the Board may deem appropriate.;32 (5) To examine into the conditions, management, and 33 administration of Eastern Illinois University, to provide 34 the requisite buildings, apparatus, equipment and SB916 Engrossed -4- LRB9102632NTsb 1 auxiliary enterprises, and to fix and collect 2 matriculation fees; tuition fees; fees for student 3 activities; fees for student facilities such as student 4 union buildings or field houses or stadia or other 5 recreational facilities; student welfare fees; laboratory 6 fees; and similar fees for supplies and materials. The 7 expense of the building, improving, repairing and 8 supplying fuel and furniture and the necessary appliances 9 and apparatus for conducting Eastern Illinois University, 10 the reimbursed expenses of members of the Board, and the 11 salaries or compensation of the President, assistants, 12 agents and other employees of Eastern Illinois 13 University, shall be a charge upon the State Treasury. 14 All other expenses shall be chargeable against students, 15 and the Board shall regulate the charges accordingly.;16 (6) To succeed to and to administer all trusts, 17 trust property, and gifts now or hereafter belonging or 18 pertaining to Eastern Illinois University.;19 (7) To accept endowments of professorships or 20 departments in Eastern Illinois University from any 21 person who may proffer them and, at regular meetings, to 22 prescribe rules and regulations in relation to endowments 23 and declare on what general principles they may be 24 accepted.;25 (8) To enter into contracts with the Federal 26 government for providing courses of instruction and other 27 services at Eastern Illinois University for persons 28 serving in or with the military or naval forces of the 29 United States, and to provide such courses of instruction 30 and other services.;31 (9) To contract with respect to the Cooperative 32 Computer Center to obtain services related to electronic 33 data processing.;34 (10) To provide for the receipt and expenditures of SB916 Engrossed -5- LRB9102632NTsb 1 Federal funds paid to Eastern Illinois University by the 2 Federal government for instruction and other services for 3 persons serving in or with the military or naval forces 4 of the United States, and to provide for audits of such 5 funds.;6 (11) To appoint, subject to the applicable civil 7 service law, persons to be members of the Eastern 8 Illinois University Police Department. Members of the 9 Police Department shall be conservators of the peace and 10 as such have all powers possessed by policemen in cities, 11 and sheriffs, including the power to make arrests on view 12 or warrants of violations of State statutes, University 13 rules and regulations and city or county ordinances, 14 except that they may exercise such powers only within 15 counties wherein Eastern Illinois University and any of 16 its branches or properties are located when such is 17 required for the protection of University properties and 18 interests, and its students and personnel, and otherwise, 19 within such counties, when requested by appropriate State 20 or local law enforcement officials. However, such 21 officers shall have no power to serve and execute civil 22 processes.;23 (b)(12)The Board may, directly or in cooperation with 24 other institutions of higher education, acquire by purchase 25 or lease or otherwise, and construct, enlarge, improve, 26 equip, complete, operate, control and manage research and 27 high technology parks, together with the necessary lands, 28 buildings, facilities, equipment, and personal property 29 therefor, to encourage and facilitate (i) the location and 30 development of business and industry in the State of 31 Illinois, and (ii) the increased application and development 32 of technology, and (iii) the improvement and development of 33 the State's economy. The Board may lease to nonprofit 34 corporations all or any part of the land, buildings, SB916 Engrossed -6- LRB9102632NTsb 1 facilities, equipment or other property included in a 2 research and high technology park upon such terms and 3 conditions as the Board may deem advisable and enter into any 4 contract or agreement with such nonprofit corporations as may 5 be necessary or suitable for the construction, financing, 6 operation and maintenance and management of any such park; 7 and may lease to any person, firm, partnership or 8 corporation, either public or private, any part or all of the 9 land, building, facilities, equipment or other property of 10 such park for such purposes and upon such rentals, terms and 11 conditions as the Board may deem advisable; and may finance 12 all or part of the cost of any such park, including the 13 purchase, lease, construction, reconstruction, improvement, 14 remodeling, addition to, and extension and maintenance of all 15 or part of such high technology park, and all equipment and 16 furnishings, by legislative appropriations, government 17 grants, contracts, private gifts, loans, receipts from the 18 operation of such high technology park, rentals and similar 19 receipts; and may make its other facilities and services 20 available to tenants or other occupants of any such park at 21 rates which are reasonable and appropriate. 22 (c) The Board may sell the following described property 23 without compliance with the State Property Control Act and 24 retain the proceeds in the University treasury in a special, 25 separate development fund account that the Auditor General 26 shall examine to assure compliance with this Law: 27 Lots 511 and 512 in Heritage Woods V, Charleston, Coles 28 County, Illinois. 29 Revenues from the development fund account may be withdrawn 30 by the University for the purpose of funding the President's 31 housing stipend. Moneys from the development fund account 32 used for any other purpose must be deposited into and 33 appropriated from the General Revenue Fund. 34 (Source: P.A. 89-4, eff. 1-1-96.) SB916 Engrossed -7- LRB9102632NTsb 1 Section 99. Effective date. This Act takes effect upon 2 becoming law.