Public Act 90-0730 of the 90th General Assembly
Public Act 90-0730
SB1627 Enrolled LRB9011024THpkA
AN ACT relating to higher education, amending and
repealing named Acts.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Primary Care Medical Education Advisory
Committee Act is amended by changing Section 30 as follows:
(20 ILCS 4022/30)
Sec. 30. Data collection. Each medical school and
residency training program shall submit to the Advisory
Committee an annual report beginning December 31, 1996 on the
distribution of graduates from its medical programs as
follows:
(a) The number and specialty distribution of medical
residents and extended-year residents by primary care and
non-primary care designations.
(b) The distribution of residency positions by type of
health facility (that is, university-operated hospital,
county hospital, Veteran's Administration hospital,
affiliated community hospital, or ambulatory care site).
(c) The number and specialty distribution of post-M.D.
or post-D.O. trainees listed by primary and non-primary
specialties.
(d) The number and specialty distribution of
State-supported and nonstate-supported medical residents at
the school.
(e) The level of financial and other support from all
funding sources provided for each primary care residency
program. The report shall specify the fund source for each
program and the estimated associated faculty support for the
program.
(f) The 1998 report shall include data on the actual
location and practice specialty of graduates of the medical
school from 1991 to 1995 for the primary care specialties of
family practice, internal medicine, pediatrics, and
obstetrics and gynecology. The purpose of this tracking
shall be to determine to what degree these graduates remain
in primary care practice in order to evaluate the impact of
these trends on the State's goal of increasing the supply of
primary care practitioners.
The Illinois Board of Higher Education annually shall
submit to the Advisory Committee its annual report to the
General Assembly and Governor, including information on
medical and education programs, and particularly information
on the following:
(1) current objectives of Health Services Education
Grants Act funding;
(2) the distribution of Health Services Education
Grants Act funding; and
(3) general grants and appropriations to the
State's public medical schools.
The Illinois Department of Public Health shall submit to
the Advisory Committee a copy of its annual report to the
General Assembly and the Governor, including the results and
progress of the programs established in the Family Practice
Residency Act.
The Illinois Department of Public Aid shall submit to the
Advisory Committee its annual report to the General Assembly
and Governor, including the following:
(1) current methodology used by the Department for
calculating direct and indirect GME payments in Illinois;
and
(2) distribution of all medicaid direct and
indirect GME payments, including to teaching hospitals in
Illinois.
(Source: P.A. 89-316, eff. 1-1-96.)
Section 10. The Board of Higher Education Act is amended
by changing Sections 9.04 and 9.16 and adding Sections 9.26
and 9.27 as follows:
(110 ILCS 205/9.04) (from Ch. 144, par. 189.04)
Sec. 9.04. To submit to the Governor and the General
Assembly on or before the first Monday in February of each
odd numbered year a written report covering the activities
engaged in and recommendations made by it during the 2
calendar years which ended on December 31 of the last
preceding even numbered year. This report shall be submitted
in accordance with the requirements of Section 3 of the State
Finance Act.
The requirement for reporting to the General Assembly
shall be satisfied by filing copies of the report with the
Speaker, the Minority Leader and the Clerk of the House of
Representatives and the President, the Minority Leader and
the Secretary of the Senate and the Legislative Research
Unit, as required by Section 3.1 of "An Act to revise the law
in relation to the General Assembly", approved February 25,
1874, as amended, and filing such additional copies with the
State Government Report Distribution Center for the General
Assembly as is required under paragraph (t) of Section 7 of
the State Library Act.
(Source: P.A. 84-1438.)
(110 ILCS 205/9.16) (from Ch. 144, par. 189.16)
Sec. 9.16. Underrepresentation of certain groups in
higher education. To require public institutions of higher
education to develop and implement methods and strategies to
increase the participation of minorities, women and
handicapped individuals who are traditionally
underrepresented in education programs and activities. For
the purpose of this Section, minorities shall mean persons
who are citizens of the United States or lawful permanent
resident aliens of the United States and who are: (a) Black
(a person having origins in any of the black racial groups in
Africa); (b) Hispanic (a person of Spanish or Portuguese
culture with origins in Mexico, South or Central America, or
the Caribbean, regardless of race); (c) Asian American (a
person having origins in any of the original people of the
Far East, Southeast Asia, the Indian Subcontinent or the
Pacific Islands); or (d) American Indian or Alaskan Native (a
person having origins in any of the original people of North
America).
The Board shall adopt any rules necessary to administer
this Section. The Board shall also do the following:
a) require all public institutions of higher education
to develop and submit plans for the implementation of this
Section;
b) conduct periodic review of public institutions of
higher education to determine compliance with this Section;
and if the Board finds that a public institution of higher
education is not in compliance with this Section, it shall
notify the institution of steps to take to attain compliance;
c) provide advice and counsel pursuant to this Section;
d) conduct studies of the effectiveness of methods and
strategies designed to increase participation of students in
education programs and activities in which minorities, women
and handicapped individuals are traditionally
underrepresented, and monitor the success of students in such
education programs and activities;
e) encourage minority student recruitment and retention
in colleges and universities. In implementing this
paragraph, the Board shall undertake but need not be limited
to the following: the establishment of guidelines and plans
for public institutions of higher education for minority
student recruitment and retention, the review and monitoring
of minority student programs implemented at public
institutions of higher education to determine their
compliance with any guidelines and plans so established, the
determination of the effectiveness and funding requirements
of minority student programs at public institutions of higher
education, the dissemination of successful programs as
models, and the encouragement of cooperative partnerships
between community colleges and local school attendance
centers which are experiencing difficulties in enrolling
minority students in four-year colleges and universities;
f) mandate all public institutions of higher education
to submit data and information essential to determine
compliance with this Section. The Board shall prescribe the
format and the date for submission of this data and any other
education equity data; and
g) report to the General Assembly and the Governor
annually on or before the second Wednesday of January,
beginning in 1989, with a description of the plans submitted
by each public institution of higher education for
implementation of this Section, including financial data
relating to the most recent fiscal year expenditures for
specific minority programs, the effectiveness of such plans
and programs and the effectiveness of the methods and
strategies developed by the Board in meeting the purposes of
this Section, the degree of compliance with this Section by
each public institution of higher education as determined by
the Board pursuant to its periodic review responsibilities,
and the findings made by the Board in conducting its studies
and monitoring student success as required by paragraph
d) of this Section. With respect to each public institution
of higher education such report also shall include, but need
not be limited to, information with respect to each
institution's minority program budget allocations; minority
student admission, retention and graduation statistics;
number of financial assistance awards to undergraduate and
graduate minority students; and minority faculty
representation. This paragraph shall not be construed to
prohibit the Board from making, preparing or issuing
additional surveys or studies with respect to minority
education in Illinois.
(Source: P.A. 86-687; 86-688; 86-1028.)
(110 ILCS 205/9.26 new)
Sec. 9.26. Matching Grants. To establish and administer
a program or programs of matching grants for use by Illinois
higher education institutions as incentives in the
competition for federal research grants and contracts.
Matching grants will be made to stimulate increased federal
and corporate research funds and to improve the research
capabilities of Illinois institutions of higher education.
The Board shall adopt such rules and regulations as may
be necessary to accomplish the purposes of this Section.
(110 ILCS 205/9.27 new)
Sec. 9.27. Technology Grants. To establish and
administer a program or programs of grants for the purpose of
improving and making available state-of-the-art technologies
for Illinois institutions of higher education. Such grants
may be awarded to public institutions of higher learning or
nonpublic institutions of higher learning or to both public
and nonpublic institutions of higher learning. Such grants
may be made for technology purposes that include, but are not
limited to, the purchase of equipment or services or both to
improve computing and computer networking and to enhance
connectivity to external networks.
The Board shall adopt such rules and regulations as may
be necessary to accomplish the purposes of this Section.
Section 12. The University of Illinois Act is amended
by changing Section 7 as follows:
(110 ILCS 305/7) (from Ch. 144, par. 28)
Sec. 7. Powers of trustees.
(a) The trustees shall have power to provide for the
requisite buildings, apparatus, and conveniences; to fix the
rates for tuition; to appoint such professors and
instructors, and to establish and provide for the management
of such model farms, model art, and other departments and
professorships, as may be required to teach, in the most
thorough manner, such branches of learning as are related to
agriculture and the mechanic arts, and military tactics,
without excluding other scientific and classical studies. The
trustees shall, upon the written request of an employee
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 trustees shall transmit such
withholdings to the specified labor organization within 10
working days from the time of the withholding. They may
accept the endowments and voluntary professorships or
departments in the University, from any person or persons or
corporations who may offer the same, and, at any regular
meeting of the board, may prescribe rules and regulations in
relation to such endowments and declare on what general
principles they may be admitted: Provided, that such special
voluntary endowments or professorships shall not be
incompatible with the true design and scope of the act of
congress, or of this Act: Provided, that no student shall at
any time be allowed to remain in or about the University in
idleness, or without full mental or industrial occupation:
And provided further, that the trustees, in the exercise of
any of the powers conferred by this Act, shall not create any
liability or indebtedness in excess of the funds in the hands
of the treasurer of the University at the time of creating
such liability or indebtedness, and which may be specially
and properly applied to the payment of the same. Any lease to
the trustees 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 trustees
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 of Trustees 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 medical
research and high technology parks, together with the
necessary lands, buildings, facilities, equipment and
personal property therefor, to encourage and facilitate (a)
the location and development of business and industry in the
State of Illinois, and (b) the increased application and
development of technology and (c) the improvement and
development of the State's economy. The Board of Trustees may
lease to nonprofit corporations all or any part of the land,
buildings, facilities, equipment or other property included
in a medical research and high technology park upon such
terms and conditions as the University of Illinois 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 University 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.
The Trustees shall have power (a) to purchase real
property and easements, and (b) to acquire real property and
easements in the manner provided by law for the exercise of
the right of eminent domain, and in the event negotiations
for the acquisition of real property or easements for making
any improvement which the Trustees are authorized to make
shall have proven unsuccessful and the Trustees shall have by
resolution adopted a schedule or plan of operation for the
execution of the project and therein made a finding that it
is necessary to take such property or easements immediately
or at some specified later date in order to comply with the
schedule, the Trustees may acquire such property or easements
in the same manner provided in Sections 7-103 through 7-112
of the Code of Civil Procedure.
The Board of Trustees also shall have power to agree with
the State's Attorney of the county in which any properties of
the Board are located to pay for services rendered by the
various taxing districts for the years 1944 through 1949 and
to pay annually for services rendered thereafter by such
district such sums as may be determined by the Board upon
properties used solely for income producing purposes, title
to which is held by said Board of Trustees, upon properties
leased to members of the staff of the University of Illinois,
title to which is held in trust for said Board of Trustees
and upon properties leased to for-profit entities the title
to which properties is held by the Board of Trustees. A
certified copy of any such agreement made with the State's
Attorney shall be filed with the County Clerk and such sums
shall be distributed to the respective taxing districts by
the County Collector in such proportions that each taxing
district will receive therefrom such proportion as the tax
rate of such taxing district bears to the total tax rate that
would be levied against such properties if they were not
exempt from taxation under the Property Tax Code.
The Board of Trustees of the University of Illinois,
subject to the applicable civil service law, may appoint
persons to be members of the University of Illinois Police
Department. Members of the Police Department shall be peace
officers 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 and city
or county ordinances, except that they may exercise such
powers only in counties wherein the 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; provided, however, that such officer
shall have no power to serve and execute civil processes.
The Board of Trustees may own, operate, or govern, by or
through the College of Medicine at Peoria, a managed care
community network established under subsection (r) of Section
5-16.3 of the Illinois Public Aid Code.
The powers of the trustees as herein designated are
subject to the provisions of "An Act creating a Board of
Higher Education, defining its powers and duties, making an
appropriation therefor, and repealing an Act herein named",
approved August 22, 1961, as amended.
The Board of Trustees shall have the authority to adopt
all administrative rules which may be necessary for the
effective administration, enforcement and regulation of all
matters for which the Board has jurisdiction or
responsibility.
(b) To assist in the provision of buildings and
facilities beneficial to, useful for, or supportive of
University purposes, the Board of Trustees of the University
of Illinois may exercise the following powers with regard to
the area located on or adjacent to the University of Illinois
at Chicago campus and bounded as follows: on the West by
Morgan Street; thence on the North by Roosevelt Road; on the
East by Union Street; thence on the East by that portion of
Union Street between Roosevelt Road and Liberty Street;
thence West on Liberty Street to Halsted Street; thence South
on Halsted Street to 16th Street; and thence West on the
South by 16th Street to Morgan Street, in the City of
Chicago:
(1) Acquire any interests in land, buildings, or
facilities by purchase, including installments payable
over a period allowed by law, by lease over a term of
such duration as the Board of Trustees shall determine,
or by exercise of the power of eminent domain;
(2) Sub-lease or contract to purchase through
installments all or any portion of buildings or
facilities for such duration and on such terms as the
Board of Trustees shall determine, including a term that
exceeds 5 years, provided that each such lease or
purchase contract shall be and 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 or purchase installments payable under
the terms of such lease or purchase contract; and
(3) Sell property without compliance with the State
Property Control Act and retain proceeds in the
University Treasury in a special, separate development
fund account which the Auditor General shall examine to
assure compliance with this Act.
Any buildings or facilities to be developed on the land shall
be buildings or facilities that, in the determination of the
Board of Trustees, in whole or in part: (i) are for use by
the University; or (ii) otherwise advance the interests of
the University, including, by way of example, residential
facilities for University staff and students and commercial
facilities which provide services needed by the University
community. Revenues from the development fund account may be
withdrawn by the University for the purpose of demolition and
the processes associated with demolition; routine land and
property acquisition; extension of utilities; streetscape
work; landscape work; surface and structure parking;
sidewalks, recreational paths, and street construction; and
lease and lease purchase arrangements and the professional
services associated with the planning and development of the
area. 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 use of any buildings or facilities shall be
subject to the control and approval of the Board of Trustees.
(Source: P.A. 88-554, eff. 7-26-94; 88-670, eff. 12-2-94;
89-691, eff. 12-31-96.)
(110 ILCS 205/9.15 rep.)
(110 ILCS 205/9.19 rep.)
Section 15. The Board of Higher Education Act is amended
by repealing Sections 9.15 and 9.19.
(110 ILCS 910/Act rep.)
Section 20. The Illinois Architecture-Engineering
Internship Act of 1983 is repealed.
Section 99. Effective date. This Act takes effect July
1, 1998.