HB0743ham001 101ST GENERAL ASSEMBLY

Rep. Emanuel Chris Welch

Filed: 10/25/2019

10100HB0743ham001 LRB101 03381 RJF 64037 a

AMENDMENT TO HOUSE BILL 743

AMENDMENT NO. ______. Amend House Bill 743 by replacing everything after the enacting clause with the following:

"Section 5. The Private Colleges and Universities Capital Distribution Formula Act is amended by changing Section 25-15 as follows:

(30 ILCS 769/25-15)

Sec. 25-15. Transfer of funds to another independent college.

(a) If an institution received a grant under this Article and subsequently fails to meet the definition of "independent college", the remaining funds shall be re-distributed as provided in Section 25-10, unless the campus or facilities for which the grant was given are operated by another institution that qualifies as an independent college under this Article.

(a-5) Notwithstanding the provisions of subsection (a), if an institution received a grant under this Article and subsequently fails to meet the definition of "independent college" due to the institution being acquired and operated by the University of Illinois, no refund of expended grant funds shall be required and the remaining funds shall not be re-distributed as provided under Section 25-10. The entire balance of the grant provided under this Article remaining on the date the acquired former independent college ceased operations and came under the control of the University of Illinois, including any amount that had been withheld after the acquired former independent college ceased operations, shall be transferred to the University of Illinois, as successor to the independent college, for the purpose of operating those facilities for the duration of the grant. The provisions of this subsection (a-5) apply to any acquisition of an independent college by the University of Illinois occurring on and after August 15, 2019.

(b) If the facilities of a former independent college are operated by another entity that qualifies as an independent college as provided in subsection (a) of this Section, then the entire balance of the grant provided under this Article remaining on the date the former independent college ceased operations, including any amount that had been withheld after the former independent college ceased operations, shall be transferred to the successor independent college for the purpose of operating those facilities for the duration of the grant.

(c) In the event that, on or before the effective date of this amendatory Act of the 98th General Assembly, the remaining funds have been re-allocated or re-distributed to other independent colleges, or the Illinois Board of Higher Education has planned for the remaining funds to be re-allocated or re-distributed to other independent colleges, before the 5-year period provided under this Act for the utilization of funds has ended, any funds so re-allocated or re-distributed shall be deducted from future allocations to those other independent colleges and re-allocated or re-distributed to the initial institution or the successor entity operating the facilities of the original institution if: (i) the institution that failed to meet the definition of "independent college" once again meets the definition of "independent college" before the 5-year period has expired; or (ii) the facility or facilities of the former independent college are operated by another entity that qualifies as an independent college before the 5-year period has expired.

(Source: P.A. 101-10, eff. 6-5-19.)".