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91_SB1852sam001
LRB9113164NTksam
1 AMENDMENT TO SENATE BILL 1852
2 AMENDMENT NO. . Amend Senate Bill 1852 by replacing
3 the title with the following:
4 "AN ACT concerning the University of Illinois."; and
5 by replacing everything after the enacting clause with the
6 following:
7 "Section 5. The Illinois Procurement Code is amended by
8 changing Sections 20-60, 30-30, 40-25, and 53-25 as follows:
9 (30 ILCS 500/20-60)
10 Sec. 20-60. Duration of contracts.
11 (a) Maximum duration. A contract may be entered into
12 for any period of time deemed to be in the best interests of
13 the State but not exceeding 10 years. The length of a lease
14 for real property or capital improvements shall be in
15 accordance with the provisions of Section 40-25. This
16 subsection (a) does not apply to contracts and leases entered
17 into under subsection (c) of Section 7 of the University of
18 Illinois Act.
19 (b) Subject to appropriation. All contracts made or
20 entered into shall recite that they are subject to
21 termination and cancellation in any year for which the
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1 General Assembly fails to make an appropriation to make
2 payments under the terms of the contract.
3 (Source: P.A. 90-572, eff. date - See Sec. 99-5.)
4 (30 ILCS 500/30-30)
5 Sec. 30-30. Contracts in excess of $250,000.
6 (a) For building construction contracts in excess of
7 $250,000, separate specifications shall be prepared for all
8 equipment, labor, and materials in connection with the
9 following 5 subdivisions of the work to be performed:
10 (1) plumbing;
11 (2) heating, piping, refrigeration, and automatic
12 temperature control systems, including the testing and
13 balancing of those systems;
14 (3) ventilating and distribution systems for
15 conditioned air, including the testing and balancing of
16 those systems;
17 (4) electric wiring; and
18 (5) general contract work.
19 The specifications must be so drawn as to permit separate
20 and independent bidding upon each of the 5 subdivisions of
21 work. All contracts awarded for any part thereof shall award
22 the 5 subdivisions of work separately to responsible and
23 reliable persons, firms, or corporations engaged in these
24 classes of work. The contracts, at the discretion of the
25 construction agency, may be assigned to the successful bidder
26 on the general contract work or to the successful bidder on
27 the subdivision of work designated by the construction agency
28 before the bidding as the prime subdivision of work, provided
29 that all payments will be made directly to the contractors
30 for the 5 subdivisions of work upon compliance with the
31 conditions of the contract. A contract may be let for one or
32 more buildings in any project to the same contractor. The
33 specifications shall require, however, that unless the
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1 buildings are identical, a separate price shall be submitted
2 for each building. The contract may be awarded to the lowest
3 responsible bidder for each or all of the buildings included
4 in the specifications.
5 (b) This Section does not apply to contracts entered
6 into under subsection (c) of Section 7 of the University of
7 Illinois Act. A design/build procurement process may be used
8 for the construction of business research and technology
9 parks under subsection (c) of Section 7 of the University of
10 Illinois Act.
11 (Source: P.A. 90-572, eff. date - See Sec. 99-5.)
12 (30 ILCS 500/40-25)
13 Sec. 40-25. Length of leases.
14 (a) Maximum term. Leases shall be for a term not to
15 exceed 10 years and shall include a termination option in
16 favor of the State after 5 years. This subsection (a) does
17 not apply to leases entered into under subsection (c) of
18 Section 7 of the University of Illinois Act.
19 (b) Renewal. Leases may include a renewal option. An
20 option to renew may be exercised only when a State purchasing
21 officer determines in writing that renewal is in the best
22 interest of the State and notice of the exercise of the
23 option is published in the appropriate volume of the
24 Procurement Bulletin at least 60 days prior to the exercise
25 of the option.
26 (c) Subject to appropriation. All leases shall recite
27 that they are subject to termination and cancellation in any
28 year for which the General Assembly fails to make an
29 appropriation to make payments under the terms of the lease.
30 (Source: P.A. 90-572, eff. date - See Sec. 99-5.)
31 (30 ILCS 500/53-25)
32 Sec. 53-25. Public institutions of higher education.
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1 Each public institution of higher education may enter into
2 concessions, including the assignment, license, sale, or
3 transfer of interests in or rights to discoveries,
4 inventions, patents, or copyrightable works, for property,
5 whether tangible or intangible, over which it has
6 jurisdiction. Concessions shall be reduced to writing and
7 shall be awarded at the discretion of the institution with
8 jurisdiction over the property. The duration and terms of
9 concessions and leases shall be at the discretion of the
10 institution with jurisdiction over the property. Notice of
11 the award of a concession shall be published in the higher
12 education volume of the Illinois Procurement Bulletin. For
13 the purposes of this Section, the University of Illinois is
14 deemed to have jurisdiction over property with respect to
15 business research and technology parks established under
16 subsection (c) of Section 7 of the University of Illinois
17 Act.
18 (Source: P.A. 90-572, eff. date - See Sec. 99-5.)
19 Section 10. The University of Illinois Act is amended by
20 changing Section 7 as follows:
21 (110 ILCS 305/7) (from Ch. 144, par. 28)
22 Sec. 7. Powers of trustees.
23 (a) The trustees shall have power to provide for the
24 requisite buildings, apparatus, and conveniences; to fix the
25 rates for tuition; to appoint such professors and
26 instructors, and to establish and provide for the management
27 of such model farms, model art, and other departments and
28 professorships, as may be required to teach, in the most
29 thorough manner, such branches of learning as are related to
30 agriculture and the mechanic arts, and military tactics,
31 without excluding other scientific and classical studies. The
32 trustees shall, upon the written request of an employee
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1 withhold from the compensation of that employee any dues,
2 payments or contributions payable by such employee to any
3 labor organization as defined in the Illinois Educational
4 Labor Relations Act. Under such arrangement, an amount shall
5 be withheld from each regular payroll period which is equal
6 to the pro rata share of the annual dues plus any payments or
7 contributions, and the trustees shall transmit such
8 withholdings to the specified labor organization within 10
9 working days from the time of the withholding. They may
10 accept the endowments and voluntary professorships or
11 departments in the University, from any person or persons or
12 corporations who may offer the same, and, at any regular
13 meeting of the board, may prescribe rules and regulations in
14 relation to such endowments and declare on what general
15 principles they may be admitted: Provided, that such special
16 voluntary endowments or professorships shall not be
17 incompatible with the true design and scope of the act of
18 congress, or of this Act: Provided, that no student shall at
19 any time be allowed to remain in or about the University in
20 idleness, or without full mental or industrial occupation:
21 And provided further, that the trustees, in the exercise of
22 any of the powers conferred by this Act, shall not create any
23 liability or indebtedness in excess of the funds in the hands
24 of the treasurer of the University at the time of creating
25 such liability or indebtedness, and which may be specially
26 and properly applied to the payment of the same. Any lease to
27 the trustees of lands, buildings or facilities which will
28 support scientific research and development in such areas as
29 high technology, super computing, microelectronics,
30 biotechnology, robotics, physics and engineering shall be for
31 a term not to exceed 18 years, and may grant to the trustees
32 the option to purchase the lands, buildings or facilities.
33 The lease shall recite that it is subject to termination and
34 cancellation in any year for which the General Assembly fails
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1 to make an appropriation to pay the rent payable under the
2 terms of the lease.
3 Leases for the purposes described herein exceeding 5
4 years shall have the approval of the Illinois Board of Higher
5 Education.
6 The Board of Trustees may, directly or in cooperation
7 with other institutions of higher education, acquire by
8 purchase or lease or otherwise, and construct, enlarge,
9 improve, equip, complete, operate, control and manage medical
10 research and high technology parks, together with the
11 necessary lands, buildings, facilities, equipment and
12 personal property therefor, to encourage and facilitate (a)
13 the location and development of business and industry in the
14 State of Illinois, and (b) the increased application and
15 development of technology and (c) the improvement and
16 development of the State's economy. The Board of Trustees may
17 lease to nonprofit corporations all or any part of the land,
18 buildings, facilities, equipment or other property included
19 in a medical research and high technology park upon such
20 terms and conditions as the University of Illinois may deem
21 advisable and enter into any contract or agreement with such
22 nonprofit corporations as may be necessary or suitable for
23 the construction, financing, operation and maintenance and
24 management of any such park; and may lease to any person,
25 firm, partnership or corporation, either public or private,
26 any part or all of the land, building, facilities, equipment
27 or other property of such park for such purposes and upon
28 such rentals, terms and conditions as the University may deem
29 advisable; and may finance all or part of the cost of any
30 such park, including the purchase, lease, construction,
31 reconstruction, improvement, remodeling, addition to, and
32 extension and maintenance of all or part of such high
33 technology park, and all equipment and furnishings, by
34 legislative appropriations, government grants, contracts,
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1 private gifts, loans, receipts from the operation of such
2 high technology park, rentals and similar receipts; and may
3 make its other facilities and services available to tenants
4 or other occupants of any such park at rates which are
5 reasonable and appropriate.
6 The Trustees shall have power (a) to purchase real
7 property and easements, and (b) to acquire real property and
8 easements in the manner provided by law for the exercise of
9 the right of eminent domain, and in the event negotiations
10 for the acquisition of real property or easements for making
11 any improvement which the Trustees are authorized to make
12 shall have proven unsuccessful and the Trustees shall have by
13 resolution adopted a schedule or plan of operation for the
14 execution of the project and therein made a finding that it
15 is necessary to take such property or easements immediately
16 or at some specified later date in order to comply with the
17 schedule, the Trustees may acquire such property or easements
18 in the same manner provided in Sections 7-103 through 7-112
19 of the Code of Civil Procedure.
20 The Board of Trustees also shall have power to agree with
21 the State's Attorney of the county in which any properties of
22 the Board are located to pay for services rendered by the
23 various taxing districts for the years 1944 through 1949 and
24 to pay annually for services rendered thereafter by such
25 district such sums as may be determined by the Board upon
26 properties used solely for income producing purposes, title
27 to which is held by said Board of Trustees, upon properties
28 leased to members of the staff of the University of Illinois,
29 title to which is held in trust for said Board of Trustees
30 and upon properties leased to for-profit entities the title
31 to which properties is held by the Board of Trustees. A
32 certified copy of any such agreement made with the State's
33 Attorney shall be filed with the County Clerk and such sums
34 shall be distributed to the respective taxing districts by
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1 the County Collector in such proportions that each taxing
2 district will receive therefrom such proportion as the tax
3 rate of such taxing district bears to the total tax rate that
4 would be levied against such properties if they were not
5 exempt from taxation under the Property Tax Code.
6 The Board of Trustees of the University of Illinois,
7 subject to the applicable civil service law, may appoint
8 persons to be members of the University of Illinois Police
9 Department. Members of the Police Department shall be peace
10 officers and as such have all powers possessed by policemen
11 in cities, and sheriffs, including the power to make arrests
12 on view or warrants of violations of state statutes and city
13 or county ordinances, except that they may exercise such
14 powers only in counties wherein the University and any of its
15 branches or properties are located when such is required for
16 the protection of university properties and interests, and
17 its students and personnel, and otherwise, within such
18 counties, when requested by appropriate state or local law
19 enforcement officials; provided, however, that such officer
20 shall have no power to serve and execute civil processes.
21 The Board of Trustees may own, operate, or govern, by or
22 through the College of Medicine at Peoria, a managed care
23 community network established under subsection (r) of Section
24 5-16.3 of the Illinois Public Aid Code.
25 The powers of the trustees as herein designated are
26 subject to the provisions of "An Act creating a Board of
27 Higher Education, defining its powers and duties, making an
28 appropriation therefor, and repealing an Act herein named",
29 approved August 22, 1961, as amended.
30 The Board of Trustees shall have the authority to adopt
31 all administrative rules which may be necessary for the
32 effective administration, enforcement and regulation of all
33 matters for which the Board has jurisdiction or
34 responsibility.
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1 (b) To assist in the provision of buildings and
2 facilities beneficial to, useful for, or supportive of
3 University purposes, the Board of Trustees of the University
4 of Illinois may exercise the following powers with regard to
5 the area located on or adjacent to the University of Illinois
6 at Chicago campus and bounded as follows: on the West by
7 Morgan Street; on the North by Roosevelt Road; on the East by
8 Union Street; and on the South by 16th Street, in the City of
9 Chicago:
10 (1) Acquire any interests in land, buildings, or
11 facilities by purchase, including installments payable
12 over a period allowed by law, by lease over a term of
13 such duration as the Board of Trustees shall determine,
14 or by exercise of the power of eminent domain;
15 (2) Sub-lease or contract to purchase through
16 installments all or any portion of buildings or
17 facilities for such duration and on such terms as the
18 Board of Trustees shall determine, including a term that
19 exceeds 5 years, provided that each such lease or
20 purchase contract shall be and shall recite that it is
21 subject to termination and cancellation in any year for
22 which the General Assembly fails to make an appropriation
23 to pay the rent or purchase installments payable under
24 the terms of such lease or purchase contract; and
25 (3) Sell property without compliance with the State
26 Property Control Act and retain proceeds in the
27 University Treasury in a special, separate development
28 fund account which the Auditor General shall examine to
29 assure compliance with this Act.
30 Any buildings or facilities to be developed on the land shall
31 be buildings or facilities that, in the determination of the
32 Board of Trustees, in whole or in part: (i) are for use by
33 the University; or (ii) otherwise advance the interests of
34 the University, including, by way of example, residential
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1 facilities for University staff and students and commercial
2 facilities which provide services needed by the University
3 community. Revenues from the development fund account may be
4 withdrawn by the University for the purpose of demolition and
5 the processes associated with demolition; routine land and
6 property acquisition; extension of utilities; streetscape
7 work; landscape work; surface and structure parking;
8 sidewalks, recreational paths, and street construction; and
9 lease and lease purchase arrangements and the professional
10 services associated with the planning and development of the
11 area. Moneys from the development fund account used for any
12 other purpose must be deposited into and appropriated from
13 the General Revenue Fund. Buildings or facilities leased to
14 an entity or person other than the University shall not be
15 subject to any limitations applicable to a State supported
16 college or university under any law. All development on the
17 land and all use of any buildings or facilities shall be
18 subject to the control and approval of the Board of Trustees.
19 (c) The Board of Trustees may (directly, through a
20 separate corporate entity created by the Board of Trustees,
21 or in cooperation with other institutions of higher
22 education) acquire by purchase, lease, or otherwise and
23 construct, enlarge, improve, equip, complete, operate,
24 control, and manage business research and technology parks
25 (together with the necessary lands, buildings, facilities,
26 equipment, and personal property included in these parks) to
27 encourage and facilitate (i) the location and development of
28 business and industry in the State of Illinois, (ii) the
29 increased application and development of technology, (iii)
30 the location and development of retail uses ancillary to and
31 supportive of such business, industry, and technology, and
32 (iv) the improvement and development of the State's economy.
33 (1) The Board of Trustees may lease to any person,
34 firm, partnership, corporation, or limited liability
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1 company, either public or private, all or any part of the
2 land, buildings, facilities, equipment, or other property
3 included in a business research and technology park upon
4 the terms and conditions and for the durations that the
5 Trustees may deem advisable.
6 (2) The Board of Trustees may enter into any
7 contract or agreement with any person, firm, partnership,
8 corporation, or limited liability company, either public
9 or private, as may be necessary or suitable for the
10 construction, financing, operation, and maintenance of a
11 business research and technology park.
12 (3) The Board of Trustees may lease and finance all
13 or part of the cost of a business research and technology
14 park (including the purchase, lease, construction,
15 reconstruction, improvement, remodeling, addition to, and
16 extension and maintenance of all or part of the park and
17 all equipment and furnishings) by legislative
18 appropriations, government grants, contracts, private
19 gifts, loans, receipts from the operation of the park,
20 rentals, and similar receipts.
21 (4) The Board of Trustees may make its other
22 facilities and services available to tenants or to the
23 occupants of a business research and technology park at
24 rates that are reasonable and appropriate, but shall not
25 require these tenants or occupants to use these services.
26 (Source: P.A. 89-691, eff. 12-31-96; 90-730, eff. 8-10-98.)
27 Section 99. Effective date. This Act takes effect upon
28 becoming law.".