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Public Act 91-0251
SB916 Enrolled LRB9102632NTsb
AN ACT to amend the Eastern Illinois University Law by
changing Sections 10-40 and 10-45.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Eastern Illinois University Law is
amended by changing Sections 10-40 and 10-45 as follows:
(110 ILCS 665/10-40)
Sec. 10-40. Contracts, conveyances, expenditures. The
Board shall have power to enter into contracts and to sue and
be sued, provided that any suit against the Board based upon
a claim sounding in tort must be filed in the Court of
Claims; to acquire by purchase, eminent domain or otherwise,
and to hold and convey title to real property as it shall
deem appropriate and personal property in accordance with the
State Property Control Act, except as otherwise provided in
subsection (c) of Section 10-45 of this Law; and to expend
the funds appropriated to or lawfully belonging to the
Eastern Illinois University, provided that the Board in the
exercise of the powers conferred by this Article shall not
create any liability or indebtedness of funds from the State
Treasury in excess of the funds appropriated to Eastern
Illinois University.
All real property acquired by the Board shall be held for
the People of the State of Illinois, for the use of Eastern
Illinois University.
Any lease to the Board 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 Board 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's power to enter into contracts includes but is
not limited to the power to enter into contracts with
municipalities within which the University or any branch
thereof is located, in whole or in part, for such
municipality to provide fire protection or other essential
municipal services upon properties leased to for-profit
entities the title to which properties is held by the Board.
The Board shall pay to the municipality concerned such
equitable portion of the cost of providing such fire
protection or other essential municipal service as shall be
agreed to by the Board, and as part of the compensation for
such fire protection the Board may provide land and
buildings, or either, for fire stations to be used by the
municipality.
(Source: P.A. 89-4, eff. 1-1-96.)
(110 ILCS 665/10-45)
Sec. 10-45. Powers and duties.
(a) The Board also shall have power and it shall be its
duty:
(1) To make rules, regulations and bylaws, not
inconsistent with law, for the government and management
of Eastern Illinois University and its branches.;
(2) To employ, and, for good cause, to remove a
President of Eastern Illinois University, and all
necessary deans, professors, associate professors,
assistant professors, instructors, other educational and
administrative assistants, and all other necessary
employees, and to prescribe their duties and contract
with them upon matters relating to tenure, salaries and
retirement benefits in accordance with the State
Universities Civil Service Act. Whenever the Board
establishes a search committee to fill the position of
President of Eastern Illinois University, there shall be
minority representation, including women, on that search
committee. The Board shall, upon the written request of
an employee of Eastern Illinois University, 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 Board shall transmit
such withholdings to the specified labor organization
within 10 working days from the time of the withholding.;
(3) To prescribe the courses of study to be
followed, and textbooks and apparatus to be used at
Eastern Illinois University.;
(4) To issue upon the recommendation of the
faculty, diplomas to such persons as have satisfactorily
completed the required studies of Eastern Illinois
University, and confer such professional and literary
degrees as are usually conferred by other institutions of
like character for similar or equivalent courses of
study, or such as the Board may deem appropriate.;
(5) To examine into the conditions, management, and
administration of Eastern Illinois University, to provide
the requisite buildings, apparatus, equipment and
auxiliary enterprises, and to fix and collect
matriculation fees; tuition fees; fees for student
activities; fees for student facilities such as student
union buildings or field houses or stadia or other
recreational facilities; student welfare fees; laboratory
fees; and similar fees for supplies and materials. The
expense of the building, improving, repairing and
supplying fuel and furniture and the necessary appliances
and apparatus for conducting Eastern Illinois University,
the reimbursed expenses of members of the Board, and the
salaries or compensation of the President, assistants,
agents and other employees of Eastern Illinois
University, shall be a charge upon the State Treasury.
All other expenses shall be chargeable against students,
and the Board shall regulate the charges accordingly.;
(6) To succeed to and to administer all trusts,
trust property, and gifts now or hereafter belonging or
pertaining to Eastern Illinois University.;
(7) To accept endowments of professorships or
departments in Eastern Illinois University from any
person who may proffer them and, at regular meetings, to
prescribe rules and regulations in relation to endowments
and declare on what general principles they may be
accepted.;
(8) To enter into contracts with the Federal
government for providing courses of instruction and other
services at Eastern Illinois University for persons
serving in or with the military or naval forces of the
United States, and to provide such courses of instruction
and other services.;
(9) To contract with respect to the Cooperative
Computer Center to obtain services related to electronic
data processing.;
(10) To provide for the receipt and expenditures of
Federal funds paid to Eastern Illinois University by the
Federal government for instruction and other services for
persons serving in or with the military or naval forces
of the United States, and to provide for audits of such
funds.;
(11) To appoint, subject to the applicable civil
service law, persons to be members of the Eastern
Illinois University Police Department. Members of the
Police Department shall be conservators of the peace 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, University
rules and regulations and city or county ordinances,
except that they may exercise such powers only within
counties wherein Eastern Illinois 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. However, such
officers shall have no power to serve and execute civil
processes.;
(b) (12) The Board 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 research and
high technology parks, together with the necessary lands,
buildings, facilities, equipment, and personal property
therefor, to encourage and facilitate (i) the location and
development of business and industry in the State of
Illinois, and (ii) the increased application and development
of technology, and (iii) the improvement and development of
the State's economy. The Board may lease to nonprofit
corporations all or any part of the land, buildings,
facilities, equipment or other property included in a
research and high technology park upon such terms and
conditions as the Board 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 Board 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.
(c) The Board may sell the following described property
without compliance with the State Property Control Act and
retain the proceeds in the University treasury in a special,
separate development fund account that the Auditor General
shall examine to assure compliance with this Law:
Lots 511 and 512 in Heritage Woods V, Charleston, Coles
County, Illinois.
Revenues from the development fund account may be withdrawn
by the University for the purpose of upgrading the on-campus
formal reception facility. Moneys from the development fund
account used for any other purpose must be deposited into and
appropriated from the General Revenue Fund.
(Source: P.A. 89-4, eff. 1-1-96.)
Section 99. Effective date. This Act takes effect upon
becoming law.
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