093_HB3465

 
                                     LRB093 08082 NHT 08283 b

 1        AN ACT regarding higher education.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Transportation Cooperation Act of 1971 is
 5    amended by changing Section 2 as follows:

 6        (5 ILCS 225/2) (from Ch. 111 2/3, par. 602)
 7        Sec. 2. For the purposes of this Act:
 8        (a)  "Railroad  passenger  service"  means  any  railroad
 9    passenger service within the State of Illinois, including the
10    equipment  and  facilities used in connection therewith, with
11    the exception of the basic system operated  by  the  National
12    Railroad  Passenger  Corporation  pursuant  to  Title  II and
13    Section 403(a) of the Federal Rail Passenger Service  Act  of
14    1970.
15        (b)  "Federal  Railroad  Corporation"  means the National
16    Railroad Passenger Corporation established pursuant to an Act
17    of Congress known as  the  "Rail  Passenger  Service  Act  of
18    1970."
19        (c)  "Transportation  system"  means any and all modes of
20    public transportation within the State,  including,  but  not
21    limited  to,  transportation  of persons or property by rapid
22    transit,  rail,  bus,  and  aircraft,  and   all   equipment,
23    facilities   and   property,   real  and  personal,  used  in
24    connection therewith.
25        (d)  "Carrier"   means   any   corporation,    authority,
26    partnership,  association,  person  or district authorized to
27    maintain a transportation system within the  State  with  the
28    exception of the Federal Railroad Corporation.
29        (e)  "Units  of local government" means cities, villages,
30    incorporated towns, counties, municipalities, townships,  and
31    special districts, including any district created pursuant to
 
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 1    the  "Local  Mass  Transit  District  Act", approved July 21,
 2    1959, as amended;  any  Authority  created  pursuant  to  the
 3    "Metropolitan  Transit  Authority  Act",  approved  April 12,
 4    1945, as amended; and, any  authority,  commission  or  other
 5    entity  which  by virtue of an interstate compact approved by
 6    Congress is authorized to provide mass transportation.
 7        (f)  "Universities"  means  all  public  institutions  of
 8    higher education as defined in an "Act creating  a  Board  of
 9    Higher  Education,  defining its powers and duties, making an
10    appropriation therefor, and repealing an Act  herein  named",
11    approved  August  22,  1961,  as  amended,  and  all  private
12    institutions  of  higher education as defined in the Illinois
13    Educational Facilities Authority Act.
14        (g)  "Department"  means  the  Illinois   Department   of
15    Transportation, or such other department designated by law to
16    perform  the  duties and functions of the Illinois Department
17    of Transportation prior to January 1, 1972.
18        (h)  "Association"  means  any   Transportation   Service
19    Association created pursuant to Section 4 of this Act.
20        (i)  "Contracting  Parties"  means  any  units  of  local
21    government  or  universities which have associated and joined
22    together pursuant to Section 3 of this Act.
23        (j)  "Governing authorities" means (1) the  city  council
24    or  similar  legislative  body  of  a  city; (2) the board of
25    trustees or similar body of a village or  incorporated  town;
26    (3)  the  council of a municipality under the commission form
27    of municipal government; (4)  the  board  of  trustees  in  a
28    township;  (5)  the  Board  of  Trustees of the University of
29    Illinois,  the  Board  of  Trustees  of   Southern   Illinois
30    University  at  Carbondale, the Board of Trustees of Southern
31    Illinois University at Edwardsville, the Board of Trustees of
32    Chicago State University, the Board of  Trustees  of  Eastern
33    Illinois University, the Board of Trustees of Governors State
34    University,   the   Board   of  Trustees  of  Illinois  State
 
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 1    University, the Board of Trustees  of  Northeastern  Illinois
 2    University,  the  Board  of  Trustees  of  Northern  Illinois
 3    University,   the  Board  of  Trustees  of  Western  Illinois
 4    University, and the Illinois Community College Board; (6) the
 5    county  board  of   a   county;   and   (7)   the   trustees,
 6    commissioners,  board  members, or directors of a university,
 7    special district, authority or similar agency.
 8    (Source: P.A. 89-4, eff. 1-1-96.)

 9        Section 10.  The Official Bond Act is amended by changing
10    Section 14.3 as follows:

11        (5 ILCS 260/14.3) (from Ch. 103, par. 14.3)
12        Sec.   14.3.    All   departments,    boards,    bureaus,
13    commissions, authorities, or other units of State government,
14    except the Board of Trustees of Chicago State University, the
15    Board  of  Trustees of Eastern Illinois University, the Board
16    of Trustees of  Governors  State  University,  the  Board  of
17    Trustees  of Illinois State University, the Board of Trustees
18    of Northeastern Illinois University, the Board of Trustees of
19    Northern  Illinois  University,  the  Board  of  Trustees  of
20    Western Illinois University, the Board  of  Trustees  of  the
21    University of Illinois, and the Board of Trustees of Southern
22    Illinois  University at Carbondale, and the Board of Trustees
23    of Southern Illinois University at  Edwardsville,  that  bond
24    officers  or  employees who are not required by law to obtain
25    bonds to qualify for office or employment, shall effect  such
26    bonding through the Department of Central Management Services
27    by  inclusion  in the blanket bond or bonds or self-insurance
28    program provided for in Sections 14.1 and 14.2 of this Act.
29    (Source: P.A. 89-4, eff. 1-1-96.)

30        Section 15.  The Voluntary Payroll Deductions Act of 1983
31    is amended by changing Sections 4 and 5 as follows:
 
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 1        (5 ILCS 340/4) (from Ch. 15, par. 504)
 2        Sec. 4.  Employee withholding.  An employee may authorize
 3    the withholding of a portion of his or her  salary  or  wages
 4    for  contribution  to  a  maximum  number  of 4 organizations
 5    described in paragraphs (b) and (c) of Section 3 of this Act.
 6    A department, board, body, agency or  commission  may  direct
 7    the  State  Comptroller  to  deduct,  and  the  University of
 8    Illinois,  Southern  Illinois   University   at   Carbondale,
 9    Southern  Illinois  University at Edwardsville, Chicago State
10    University,  Eastern  Illinois  University,  Governors  State
11    University, Illinois State University, Northeastern  Illinois
12    University,   Northern   Illinois   University,  and  Western
13    Illinois University may deduct, upon  written  request  of  a
14    State  employee,  for  each  regular payroll period, from the
15    salary or wages of the employee the amount specified  in  the
16    written request for payment to the organization designated by
17    the  employee.   The  moneys  so  deducted shall be paid over
18    promptly to the organizations designated by the  employee  by
19    means  of  warrants  drawn  by  the  State  Comptroller,  the
20    University  of  Illinois,  Southern  Illinois  University  at
21    Carbondale,  Southern  Illinois  University  at Edwardsville,
22    Chicago  State  University,  Eastern   Illinois   University,
23    Governors   State   University,  Illinois  State  University,
24    Northeastern   Illinois   University,    Northern    Illinois
25    University,  and  Western  Illinois  University,  against the
26    appropriation for personal services of the department, board,
27    body,  agency  or  commission  by  which  such  employee   is
28    employed.
29        Such  deductions  may  be  made  notwithstanding that the
30    compensation paid in cash to such employee is thereby reduced
31    below  the  minimum  prescribed  by  law.   Payment  to  such
32    employee of compensation less such deduction shall constitute
33    a full and complete discharge and acquittance of  all  claims
34    and  demands  whatsoever  for  the  services rendered by such
 
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 1    employee during the period covered by such payment.
 2        Such request for deduction may be withdrawn at  any  time
 3    by  filing  a  written  notification  of  withdrawal with the
 4    department, board, body, agency or commission, the University
 5    of Illinois,  Southern  Illinois  University  at  Carbondale,
 6    Southern  Illinois  University at Edwardsville, Chicago State
 7    University,  Eastern  Illinois  University,  Governors  State
 8    University, Illinois State University, Northeastern  Illinois
 9    University, Northern Illinois University, or Western Illinois
10    University, by which such employee is employed.
11    (Source: P.A. 91-896, eff. 7-6-00.)

12        (5 ILCS 340/5) (from Ch. 15, par. 505)
13        Sec. 5. Rules; Advisory Committee.  The State Comptroller
14    shall  promulgate  and issue reasonable rules and regulations
15    as deemed necessary for the administration of this Act.
16        However,  all  solicitations  of  State   employees   for
17    contributions  at  their  workplace  and all solicitations of
18    State annuitants for contributions  shall  be  in  accordance
19    with rules promulgated by the Governor or his or her designee
20    or  other  agency  as may be designated by the Governor.  All
21    solicitations of State  annuitants  for  contributions  shall
22    also  be  in  accordance  with  the  rules promulgated by the
23    applicable retirement system.
24        The rules promulgated by  the  Governor  or  his  or  her
25    designee  or other agency as designated by the Governor shall
26    include  a  Code  of  Campaign  Conduct  that  all  qualified
27    organizations and United Funds shall subscribe to in writing,
28    sanctions for violations of the  Code  of  Campaign  Conduct,
29    provision  for  the handling of cash contributions, provision
30    for an Advisory Committee, provisions for the  allocation  of
31    expenses    among   the   participating   organizations,   an
32    organizational plan and  structure  whereby  responsibilities
33    are  set  forth  for the appropriate State employees or State
 
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 1    annuitants and the participating organizations, and any other
 2    matters that are necessary to accomplish the purposes of this
 3    Act.
 4        The Governor or the Governor's designee shall  promulgate
 5    rules  to  establish  the  composition  and the duties of the
 6    Advisory Committee.  The Governor or the Governor's  designee
 7    shall  make  appointments  to  the  Advisory  Committee.  The
 8    powers of the Advisory Committee shall include, at a minimum,
 9    the ability to impose the sanctions authorized by rule.  Each
10    State agency and each retirement system shall file an  annual
11    report  that sets forth, for the prior calendar year, (i) the
12    total  amount  of  money  contributed   to   each   qualified
13    organization  and united fund through both payroll deductions
14    and cash contributions, (ii) the number of employees or State
15    annuitants   who   have   contributed   to   each   qualified
16    organization and united fund, and (iii) any other information
17    required by the rules.  The  report  shall  not  include  the
18    names  of  any  contributing or non-contributing employees or
19    State  annuitants.   The  report  shall  be  filed  with  the
20    Advisory Committee no later than March 15.  The report  shall
21    be available for inspection.
22        Other  constitutional  officers,  retirement systems, the
23    University  of  Illinois,  Southern  Illinois  University  at
24    Carbondale, Southern  Illinois  University  at  Edwardsville,
25    Chicago   State   University,  Eastern  Illinois  University,
26    Governors  State  University,  Illinois   State   University,
27    Northeastern    Illinois    University,   Northern   Illinois
28    University, and Western Illinois University shall be governed
29    by the rules promulgated pursuant  to  this  Section,  unless
30    such entities adopt their own rules governing solicitation of
31    contributions at the workplace.
32        All  rules promulgated pursuant to this Section shall not
33    discriminate against one or more qualified  organizations  or
34    United Funds.
 
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 1    (Source: P.A. 90-799, eff. 6-1-99; 91-896, eff. 7-6-00.)

 2        Section 20.  The State Salary and Annuity Withholding Act
 3    is amended by changing Section 2 as follows:

 4        (5 ILCS 365/2) (from Ch. 127, par. 352)
 5        Sec.  2.  Definitions.   As  used in this Act, unless the
 6    context otherwise requires:
 7        "Office"  means  the  State  Comptroller,  the  Board  of
 8    Trustees of the State Universities Retirement System, or  the
 9    Board  of  Trustees of any of the following institutions: the
10    University  of  Illinois,  Southern  Illinois  University  at
11    Carbondale, Southern  Illinois  University  at  Edwardsville,
12    Chicago   State   University,  Eastern  Illinois  University,
13    Governors  State  University,  Illinois   State   University,
14    Northeastern    Illinois    University,   Northern   Illinois
15    University, and Western Illinois University.
16        "Department" means  any  department,  board,  commission,
17    institution,  officer,  court, or agency of State government,
18    other than the  University  of  Illinois,  Southern  Illinois
19    University  at  Carbondale,  Southern  Illinois University at
20    Edwardsville,  Chicago  State  University,  Eastern  Illinois
21    University,  Governors  State  University,   Illinois   State
22    University,   Northeastern   Illinois   University,  Northern
23    Illinois  University,  and   Western   Illinois   University,
24    receiving  State  appropriations  and  having  the  power  to
25    certify  payrolls  to the Comptroller authorizing payments of
26    salary or wages from appropriations from any  State  fund  or
27    from  trust  funds held by the State Treasurer; and the Board
28    of Trustees of the General Assembly  Retirement  System,  the
29    Board  of  Trustees of the State Employees' Retirement System
30    of  Illinois,  the  Board  of  Trustees  of   the   Teachers'
31    Retirement  System of the State of Illinois, and the Board of
32    Trustees of the Judges Retirement System of Illinois  created
 
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 1    respectively  by  Articles  2, 14, 16, and 18 of the Illinois
 2    Pension Code.
 3        "Employee" means any  regular  officer  or  employee  who
 4    receives salary or wages for personal service rendered to the
 5    State  of  Illinois and, for the purpose of deduction for the
 6    purchase of United States Savings Bonds, includes  any  State
 7    contractual employee.
 8        "Annuitant" means a person receiving a retirement annuity
 9    or  disability benefits under Article 2, 14, 15, 16, or 18 of
10    the Illinois Pension Code.
11        "Annuity" means  the  retirement  annuity  or  disability
12    benefits received by an annuitant.
13    (Source:  P.A. 89-4, eff. 1-1-96; 90-14, eff. 7-1-97; 90-448,
14    eff. 8-16-97.)

15        Section 25.  The State Employment Records Act is  amended
16    by changing Section 10 as follows:

17        (5 ILCS 410/10)
18        Sec. 10.  Definitions.  As used in this Act:
19        (a)  "Agency  work force" means those persons employed by
20    a State agency who are part of the State work force.
21        (b)  "Contractual  services  employee"  means  a   person
22    employed  by  the  State, or a State supported institution of
23    higher education, under a written  contract  and  paid  by  a
24    State  system CO-2 voucher (or its administrative equivalent)
25    whose daily  duties  and  responsibilities  are  directly  or
26    indirectly  supervised  or  managed  by  a  person  paid by a
27    payroll warrant (or its administrative equivalent) funded  by
28    State funds or pass through funds.
29        (c)  "Agency"  or  "State  agency"  means  those entities
30    included  in  the  definition  of  "State  agencies"  in  the
31    Illinois State Auditing Act.
32        (d)  "Minority" means a person who is:

 
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 1             (1)  African American (a person  having  origins  in
 2        any of the black racial groups in Africa);
 3             (2)  Hispanic  (a  person  of  Spanish or Portuguese
 4        culture with origins in Mexico, South or Central America,
 5        or the Caribbean Islands, regardless of race);
 6             (3)  Asian American (a person having origins in  any
 7        of  the original peoples of the Far East, Southeast Asia,
 8        the Indian Subcontinent or the Pacific Islands); or
 9             (4)  Native American (a person having origins in any
10        of the original peoples of North America).
11        (e)  "Professional employee" means a person  employed  to
12    perform   employment   duties  requiring  academic  training,
13    evidenced by a graduate or advanced degree from an accredited
14    institution of higher education, and who, in the  performance
15    of  those  employment  duties,  may  only  engage  in  active
16    practice  of  the academic training received when licensed or
17    certified by the State of Illinois.
18        (f)  "State employee" means any  person  employed  within
19    the State work force.
20        (g)  "State work force" means all persons employed by the
21    State of Illinois as evidenced by:
22             (1)  the  total  number  of all payroll warrants (or
23        their   administrative   equivalent)   issued   by    the
24        Comptroller to pay:
25                  (i)  persons subject to the Personnel Code; and
26                  (ii)  for   the   sole   purpose  of  providing
27             accurate statistical information, all persons exempt
28             from the Personnel Code; and
29             (2)  the total number of payroll warrants (or  their
30        administrative  equivalent) funded by State appropriation
31        which are issued by educational institutions governed  by
32        the  Board of Trustees of the University of Illinois, the
33        Board of Trustees  of  Southern  Illinois  University  at
34        Carbondale,  the  Board  of Trustees of Southern Illinois
 
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 1        University at Edwardsville,  the  Board  of  Trustees  of
 2        Chicago  State  University,  the  Board  of  Trustees  of
 3        Eastern  Illinois  University,  the  Board of Trustees of
 4        Governors State University,  the  Board  of  Trustees  of
 5        Illinois  State  University,  the  Board  of  Trustees of
 6        Northeastern Illinois University, the Board  of  Trustees
 7        of   Northern  Illinois  University,  and  the  Board  of
 8        Trustees of Western  Illinois  University  the  Board  of
 9        Governors  of  State  Colleges  and Universities, and the
10        Board of Regents; and
11             (3)  the total number of contractual payroll  system
12        CO-2 vouchers (or their administrative equivalent) funded
13        by State revenues and issued by:
14                  (i)  the State Comptroller; and
15                  (ii)  the  issuing  agents  of  the educational
16             institutions listed   in  subdivision  (2)  of  this
17             subsection (g).
18    "State work force" does not, however, include persons holding
19    elective State office.
20    (Source: P.A. 87-1211.)

21        Section  30.   The  Illinois  Governmental  Ethics Act is
22    amended by changing Section 4A-101 as follows:

23        (5 ILCS 420/4A-101) (from Ch. 127, par. 604A-101)
24        Sec. 4A-101. Persons required  to  file.   The  following
25    persons  shall  file  verified written statements of economic
26    interests, as provided in this Article:
27             (a)  Members of the General Assembly and  candidates
28        for nomination or election to the General Assembly.
29             (b)  Persons   holding  an  elected  office  in  the
30        Executive  Branch  of  this  State,  and  candidates  for
31        nomination or election to these offices.
32             (c)  Members of a Commission or Board created by the
 
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 1        Illinois Constitution, and candidates for  nomination  or
 2        election to such Commission or Board.
 3             (d)  Persons  whose appointment to office is subject
 4        to confirmation by the Senate.
 5             (e)  Holders of, and candidates  for  nomination  or
 6        election  to,  the  office of judge or associate judge of
 7        the  Circuit  Court  and  the  office  of  judge  of  the
 8        Appellate or Supreme Court.
 9             (f)  Persons who are employed by any branch, agency,
10        authority or board  of  the  government  of  this  State,
11        including  but  not  limited  to, the Illinois State Toll
12        Highway  Authority,  the  Illinois  Housing   Development
13        Authority,  the  Illinois  Community  College  Board, and
14        institutions under  the  jurisdiction  of  the  Board  of
15        Trustees of the University of Illinois, Board of Trustees
16        of  Southern  Illinois University at Carbondale, Board of
17        Trustees of Southern Illinois University at Edwardsville,
18        Board of Trustees of Chicago State University,  Board  of
19        Trustees   of   Eastern  Illinois  University,  Board  of
20        Trustees  of  Governor's  State  University,   Board   of
21        Trustees  of Illinois State University, Board of Trustees
22        of Northeastern Illinois University, Board of Trustees of
23        Northern  Illinois  University,  Board  of  Trustees   of
24        Western  Illinois University, or Board of Trustees of the
25        Illinois  Mathematics  and  Science  Academy,   and   are
26        compensated   for   services  as  employees  and  not  as
27        independent contractors and who:
28                  (1)  are,  or  function  as,  the  head  of   a
29             department,  commission,  board,  division,  bureau,
30             authority  or  other  administrative unit within the
31             government of this State, or  who  exercise  similar
32             authority within the government of this State;
33                  (2)  have direct supervisory authority over, or
34             direct    responsibility    for   the   formulation,
 
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 1             negotiation,  issuance  or  execution  of  contracts
 2             entered into by the State in the amount of $5,000 or
 3             more;
 4                  (3)  have  authority  for   the   issuance   or
 5             promulgation  of  rules and regulations within areas
 6             under the authority of the State;
 7                  (4)  have  authority  for   the   approval   of
 8             professional licenses;
 9                  (5)  have  responsibility  with  respect to the
10             financial inspection  of  regulated  nongovernmental
11             entities;
12                  (6)  adjudicate,   arbitrate,   or  decide  any
13             judicial or administrative proceeding, or review the
14             adjudication,  arbitration  or   decision   of   any
15             judicial  or  administrative  proceeding  within the
16             authority of the State; or
17                  (7)  have supervisory responsibility for 20  or
18             more employees of the State.
19             (g)  Persons  who are elected to office in a unit of
20        local  government,  and  candidates  for  nomination   or
21        election    to    that    office,    including   regional
22        superintendents of school districts.
23             (h)  Persons appointed to the governing board  of  a
24        unit  of  local government, or of a special district, and
25        persons appointed to a zoning board, or zoning  board  of
26        appeals,  or  to  a  regional,  county, or municipal plan
27        commission, or to a board of review of  any  county,  and
28        persons  appointed  to the Board of the Metropolitan Pier
29        and Exposition Authority and any Trustee appointed  under
30        Section  22  of  the  Metropolitan  Pier  and  Exposition
31        Authority  Act,  and  persons  appointed  to  a  board or
32        commission  of  a  unit  of  local  government  who  have
33        authority to authorize the expenditure of  public  funds.
34        This  subsection  does  not apply to members of boards or
 
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 1        commissions who function in an advisory capacity.
 2             (i)  Persons who are employed by  a  unit  of  local
 3        government  and are compensated for services as employees
 4        and not as independent contractors and who:
 5                  (1)  are,  or  function  as,  the  head  of   a
 6             department,  division,  bureau,  authority  or other
 7             administrative  unit  within  the  unit   of   local
 8             government, or who exercise similar authority within
 9             the unit of local government;
10                  (2)  have direct supervisory authority over, or
11             direct    responsibility    for   the   formulation,
12             negotiation,  issuance  or  execution  of  contracts
13             entered into by the unit of local government in  the
14             amount of $1,000 or greater;
15                  (3)  have  authority  to  approve  licenses and
16             permits by the unit of local government;  this  item
17             does   not  include  employees  who  function  in  a
18             ministerial capacity;
19                  (4)  adjudicate,  arbitrate,  or   decide   any
20             judicial or administrative proceeding, or review the
21             adjudication,   arbitration   or   decision  of  any
22             judicial or  administrative  proceeding  within  the
23             authority of the unit of local government;
24                  (5)  have  authority  to  issue  or  promulgate
25             rules   and   regulations  within  areas  under  the
26             authority of the unit of local government; or
27                  (6)  have supervisory responsibility for 20  or
28             more employees of the unit of local government.
29             (j)  Persons   on  the  Board  of  Trustees  of  the
30        Illinois Mathematics and Science Academy.
31             (k)  Persons  employed  by  a  school  district   in
32        positions   that   require   that   person   to  hold  an
33        administrative  or  a  chief  school  business   official
34        endorsement.
 
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 1             (l)  (Blank).
 2        This  Section  shall not be construed to prevent any unit
 3    of  local  government  from  enacting  financial   disclosure
 4    requirements  that mandate  more information than required by
 5    this Act.
 6    (Source: P.A. 91-622, eff. 8-19-99.)

 7        Section 35.  The State  Comptroller  Act  is  amended  by
 8    changing Sections 13, 13.1, and 21 as follows:

 9        (15 ILCS 405/13) (from Ch. 15, par. 213)
10        Sec.  13.   Payment  of  salaries  of  State  employees -
11    Schedule. The comptroller shall prepare  a  schedule  showing
12    the  dates on which all employees of the State shall be paid.
13    All employees shall be paid  at  least  semi-monthly,  except
14    that  employees  of the University of Illinois, Chicago State
15    University,  Eastern  Illinois  University,  Governors  State
16    University, Illinois State University, Northeastern  Illinois
17    University,  Northern  Illinois  University, Western Illinois
18    University, and Southern Illinois University  at  Carbondale,
19    and  Southern Illinois University at Edwardsville who are not
20    subject to the State Universities Civil Service System  shall
21    be  paid  at  least once each month. No payment shall be made
22    before  the  completion  of  the   period   for   which   the
23    compensation is being paid, except that employees leaving the
24    service  of the State may be paid at the termination of their
25    period of employment.
26        Such schedule shall be prepared  showing  such  dates  of
27    payment so as to provide as far as is practical, an even flow
28    of  work  for  issuance  of  warrants  in payment of personal
29    services.
30        In making payments for a fractional part of a pay period,
31    that part of the regular compensation for the period shall be
32    paid represented by  a  fraction,  the  numerator  being  the
 
                            -15-     LRB093 08082 NHT 08283 b
 1    number of days worked and the denominator being the number of
 2    work  days  in  the period. However, in making payments for a
 3    fractional part of a pay period for positions subject to  the
 4    jurisdiction   of   the   Department  of  Central  Management
 5    Services, that part of the regular compensation shall be paid
 6    by deducting an amount determined by multiplying  the  number
 7    of  work  days  without  pay  by the applicable daily rate as
 8    defined within the Department of Central Management  Services
 9    Pay Plan.
10        In  employments  of  a teaching or professional nature in
11    connection  with  the  educational,  charitable,   penal   or
12    reformatory   institutions,  where  the  compensation  of  an
13    employee is based  upon  an  annual  salary,  a  teaching  or
14    professional  year  may be substituted for a calendar year in
15    determining the pay schedule.
16    (Source: P.A. 89-4, eff. 1-1-96.)

17        (15 ILCS 405/13.1) (from Ch. 15, par. 213.1)
18        Sec. 13.1.  Compliance with State Employment Records Act.
19    The Comptroller, for the purpose of facilitating an  accurate
20    compilation  of  the  entire  State work force as defined and
21    required by the State Employment Records Act,  shall  report,
22    on  a fiscal year basis, the total number of payroll warrants
23    drawn for  the  payment  of  salaries  for  State  employees,
24    including  contractual payroll system CO-2 vouchers (or their
25    administrative equivalent) or any other information necessary
26    to comply with that Act.  The State Employment Records  (SER)
27    report  shall  be  maintained  and  kept  on  file  as public
28    information within the Office of the Comptroller.
29        The total number of payroll warrants drawn by  the  Board
30    of  Trustees  of  the  University  of  Illinois, the Board of
31    Trustees of Southern Illinois University at  Carbondale,  the
32    Board   of   Trustees  of  Southern  Illinois  University  at
33    Edwardsville,  the  Board  of  Trustees  of   Chicago   State
 
                            -16-     LRB093 08082 NHT 08283 b
 1    University,   the  Board  of  Trustees  of  Eastern  Illinois
 2    University,  the  Board  of  Trustees  of   Governors   State
 3    University,   the   Board   of  Trustees  of  Illinois  State
 4    University, the Board of Trustees  of  Northeastern  Illinois
 5    University,  the  Board  of  Trustees  of  Northern  Illinois
 6    University,   the  Board  of  Trustees  of  Western  Illinois
 7    University, the Board of  Governors  of  State  Colleges  and
 8    Universities,  the  Board  of  Regents  and  all  educational
 9    institutions  governed  by those boards to be paid from funds
10    retained in their own treasuries  shall  be  filed  with  the
11    Office of the Secretary of State by the respective boards and
12    educational institutions in the same manner.
13        Multiple payroll warrants issued to the same person shall
14    be  noted  with multiple warrants counted and reported as one
15    payroll  warrant  count  for  the  purposes  of   the   State
16    Employment  Records  Act.  The  total  State  remuneration to
17    persons paid by multiple payroll warrants or, if  applicable,
18    contractual  payroll  system CO-2 vouchers, or both, shall be
19    reported separately by agency.
20    (Source: P.A. 87-1211.)

21        (15 ILCS 405/21) (from Ch. 15, par. 221)
22        Sec. 21.  Rules and Regulations - Imprest  accounts.  The
23    Comptroller   shall   promulgate  rules  and  regulations  to
24    implement the exercise of his powers and performance  of  his
25    duties  under this Act and to guide and assist State agencies
26    in  complying  with  this  Act.   Any  rule   or   regulation
27    specifically  requiring  the  approval of the State Treasurer
28    under this Act for adoption by the comptroller shall  require
29    the  approval  of  the  State  Treasurer  for modification or
30    repeal.
31        The Comptroller may provide in his rules and  regulations
32    for  periodic  transfers,  with  the  approval  of  the State
33    Treasurer, for use in accordance  with  the  imprest  system,
 
                            -17-     LRB093 08082 NHT 08283 b
 1    subject  to  the  rules and regulations of the Comptroller as
 2    respects vouchers, controls and reports, as follows:
 3             (a)  To  the  University   of   Illinois,   Southern
 4        Illinois  University  at  Carbondale,  Southern  Illinois
 5        University  at  Edwardsville,  Chicago  State University,
 6        Eastern Illinois University, Governors State  University,
 7        Illinois    State   University,   Northeastern   Illinois
 8        University,   Northern   Illinois   University,   Western
 9        Illinois University, and State Community College of  East
10        St.   Louis   under  the  jurisdiction  of  the  Illinois
11        Community College Board, not to exceed $200,000 for  each
12        campus.
13             (b)  To   the  Department  of  Agriculture  and  the
14        Department of Commerce  and  Community  Affairs  for  the
15        operation of overseas offices, not to exceed $200,000 for
16        each Department for each overseas office.
17             (c)  To   the  Department  of  Agriculture  for  the
18        purpose of making change for  activities  at  each  State
19        Fair,  not  to  exceed  $200,000, to be returned within 5
20        days of the termination of such activity.
21             (d)  To the Department of  Agriculture  to  pay  (i)
22        State   Fair   premiums   and   awards   and  State  Fair
23        entertainment contracts at  each  State  Fair,  and  (ii)
24        ticket   refunds   for   cancelled  events.   The  amount
25        transferred  from  any  fund   shall   not   exceed   the
26        appropriation    for   each   specific   purpose.    This
27        authorization shall terminate each year within 60 days of
28        the close of each State Fair.  The  Department  shall  be
29        responsible  for  withholding  State  income  tax,  where
30        necessary,  as  required  by  Section 709 of the Illinois
31        Income Tax Act.
32             (e)  To the State Treasurer to pay  for  securities'
33        safekeeping charges assessed by the Board of Governors of
34        the  Federal  Reserve  System  as  a  consequence  of the
 
                            -18-     LRB093 08082 NHT 08283 b
 1        Treasurer's use of the government securities'  book-entry
 2        system.  This account shall not exceed $25,000.
 3             (f)  To   the   Illinois   Mathematics  and  Science
 4        Academy, not to exceed $15,000.
 5    (Source: P.A. 91-753, eff. 7-1-00.)

 6        Section 40.  The Civil Administrative Code of Illinois is
 7    amended by changing Section 5-525 as follows:

 8        (20 ILCS 5/5-525) (was 20 ILCS 5/6.01)
 9        Sec. 5-525.  In the Department of Agriculture.
10        (a)  (Blank).
11        (b)  An Advisory  Board  of  Livestock  Commissioners  to
12    consist  of  25  persons.    The  Board  shall consist of the
13    administrator of animal disease programs,  the  Dean  of  the
14    College  of  Agriculture  of  the University of Illinois, the
15    Dean of the College of Veterinary Medicine of the  University
16    of  Illinois,  and commencing on January 1, 1990 the Deans or
17    Chairmen of the Colleges or  Departments  of  Agriculture  of
18    Illinois  State  University,  Southern Illinois University at
19    Carbondale, and Western Illinois University in that order who
20    shall each serve for 1 year terms, provided  that  commencing
21    on  January  1,  1993  such terms shall be for 2 years in the
22    same order, the Director of Public Health,  the  Director  of
23    Natural   Resources,    the   chairman  of  the  Agriculture,
24    Conservation and Energy Committee  of  the  Senate,  and  the
25    chairman  of  the  Committee  on  Agriculture of the House of
26    Representatives, who  shall  ex-officio  be  members  of  the
27    Board,   and   17   additional   persons  interested  in  the
28    prevention, elimination and control of diseases  of  domestic
29    animals and poultry who shall be appointed by the Governor to
30    serve  at  the  Governor's  pleasure.   An appointed member's
31    office becomes  vacant  upon  the  member's  absence  from  3
32    consecutive  meetings.   Of  the  17  additional persons, one
 
                            -19-     LRB093 08082 NHT 08283 b
 1    shall be a representative of breeders  of  beef  cattle,  one
 2    shall  be  a  representative of breeders of dairy cattle, one
 3    shall be a representative of breeders of dual purpose cattle,
 4    one shall be a representative of breeders of swine, one shall
 5    be a representative of  poultry  breeders,  one  shall  be  a
 6    representative of sheep breeders, one shall be a veterinarian
 7    licensed  in  this  State,  one  shall be a representative of
 8    general or diversified farming, one shall be a representative
 9    of deer or elk breeders, one shall  be  a  representative  of
10    livestock  auction  markets, one shall be a representative of
11    cattle  feeders,  one  shall  be  a  representative  of  pork
12    producers,  one  shall  be  a  representative  of  the  State
13    licensed meat packers,  one  shall  be  a  representative  of
14    canine  breeders,  one  shall  be  a representative of equine
15    breeders, one shall  be  a  representative  of  the  Illinois
16    licensed  renderers,  and  one  shall  be a representative of
17    livestock dealers. The members shall receive no  compensation
18    but  shall be reimbursed for expenses necessarily incurred in
19    the performance of their duties.  In the appointment  of  the
20    Advisory Board of Livestock Commissioners, the Governor shall
21    consult    with   representative   persons   and   recognized
22    organizations  in  the  respective  fields   concerning   the
23    appointments.
24        Rules  and  regulations  of the Department of Agriculture
25    pertaining to the prevention,  elimination,  and  control  of
26    diseases  of  domestic animals and poultry shall be submitted
27    to the Advisory Board of Livestock Commissioners for approval
28    at its duly called meeting.  The chairman of the Board  shall
29    certify  the official minutes of the Board's action and shall
30    file the certified minutes with the Department of Agriculture
31    within 30 days after the proposed rules and  regulations  are
32    submitted and before they are promulgated and made effective.
33    If  the  Board  fails  to  take  action  within  30 days this
34    limitation shall not apply and the rules and regulations  may
 
                            -20-     LRB093 08082 NHT 08283 b
 1    be  promulgated and made effective. In the event it is deemed
 2    desirable, the Board may hold hearings  upon  the  rules  and
 3    regulations or proposed revisions. The Board members shall be
 4    familiar   with   the   Acts   relating  to  the  prevention,
 5    elimination, and control of diseases among  domestic  animals
 6    and  poultry.  The  Department  shall,  upon the request of a
 7    Board member, advise the Board concerning the  administration
 8    of the respective Acts.
 9        The  Director  of  Agriculture or his representative from
10    the Department shall  act  as  chairman  of  the  Board.  The
11    Director  shall  call meetings of the Board from time to time
12    or when requested by 3  or  more  appointed  members  of  the
13    Board.  A  quorum  of  appointed  members  must be present to
14    convene an official  meeting.  The  chairman  and  ex-officio
15    members  shall  not  be included in a quorum call. Ex-officio
16    members   may   be   represented   by   a   duly   authorized
17    representative from their department, division,  college,  or
18    committee.   Appointed  members shall not be represented at a
19    meeting by another person.  Ex-officio members and  appointed
20    members  shall  have  the right to vote on all proposed rules
21    and regulations; voting  that  in  effect  would  pertain  to
22    approving  rules  and  regulations  shall be taken by an oral
23    roll call.  No member shall  vote  by  proxy.   The  chairman
24    shall  not  vote  except  in  the  case  of  a tie vote.  Any
25    ex-officio or appointed member may ask for and shall  receive
26    an  oral  roll  call  on  any  motion  before  the Board. The
27    Department shall provide a  clerk  to  take  minutes  of  the
28    meetings and record transactions of the Board.  The Board, by
29    oral  roll  call,  may  require an official court reporter to
30    record the minutes of the meetings.
31    (Source: P.A.  91-239,  eff.  1-1-00;  91-457,  eff.  1-1-00;
32    91-798, eff. 7-9-00.)

33        Section  45.   The  Personnel Code is amended by changing
 
                            -21-     LRB093 08082 NHT 08283 b
 1    Section 4c as follows:

 2        (20 ILCS 415/4c) (from Ch. 127, par. 63b104c)
 3        Sec. 4c.  General exemptions.  The following positions in
 4    State service shall be exempt from jurisdictions A, B, and C,
 5    unless the jurisdictions shall be  extended  as  provided  in
 6    this Act:
 7             (1)  All officers elected by the people.
 8             (2)  All  positions  under  the Lieutenant Governor,
 9        Secretary of State, State Treasurer,  State  Comptroller,
10        State Board of Education, Clerk of the Supreme Court, and
11        Attorney General.
12             (3)  Judges,  and  officers  and  employees  of  the
13        courts, and notaries public.
14             (4)  All  officers  and  employees  of  the Illinois
15        General   Assembly,   all   employees   of    legislative
16        commissions,  all officers and employees of  the Illinois
17        Legislative Reference Bureau,  the  Legislative  Research
18        Unit, and the Legislative Printing Unit.
19             (5)  All  positions  in  the Illinois National Guard
20        and Illinois State Guard,  paid  from  federal  funds  or
21        positions  in  the  State   Military  Service  filled  by
22        enlistment and paid from State funds.
23             (6)  All  employees of the Governor at the executive
24        mansion and on his immediate personal staff.
25             (7)  Directors of Departments, the Adjutant General,
26        the Assistant  Adjutant  General,  the  Director  of  the
27        Illinois  Emergency  Management Agency, members of boards
28        and commissions,  and all other  positions  appointed  by
29        the Governor by and with the consent of the Senate.
30             (8)  The  presidents, other principal administrative
31        officers, and teaching, research and extension  faculties
32        of Chicago State University, Eastern Illinois University,
33        Governors  State  University,  Illinois State University,
 
                            -22-     LRB093 08082 NHT 08283 b
 1        Northeastern  Illinois  University,   Northern   Illinois
 2        University,  Western  Illinois  University,  the Illinois
 3        Community College Board, Southern Illinois University  at
 4        Carbondale, Southern Illinois University at Edwardsville,
 5        Illinois   Board   of  Higher  Education,  University  of
 6        Illinois,  State  Universities  Civil   Service   System,
 7        University   Retirement   System  of  Illinois,  and  the
 8        administrative  officers  and  scientific  and  technical
 9        staff of the Illinois State Museum.
10             (9)  All  other  employees  except  the  presidents,
11        other principal administrative  officers,  and  teaching,
12        research  and  extension  faculties  of  the universities
13        under the jurisdiction of the Board of  Regents  and  the
14        colleges  and universities under the  jurisdiction of the
15        Board of Governors of State  Colleges  and  Universities,
16        Illinois   Community  College  Board,  Southern  Illinois
17        University at Carbondale, Southern Illinois University at
18        Edwardsville, the Illinois  Board  of  Higher  Education,
19        Chicago  State  University,  Eastern Illinois University,
20        Governors State University,  Illinois  State  University,
21        Northeastern   Illinois   University,  Northern  Illinois
22        University,  Western   Illinois   University   Board   of
23        Governors  of  State Colleges and Universities, the Board
24        of  Regents,  the  University   of  Illinois,  the  State
25        Universities Civil Service  System,  and  the  University
26        Retirement  System  of  Illinois,  so  long  as these are
27        subject to the provisions of the State Universities Civil
28        Service Act.
29             (10)  The State Police so long as they  are  subject
30        to the merit provisions of the State Police Act.
31             (11)  The  scientific  staff of the State Scientific
32        Surveys and the Waste Management and Research Center.
33             (12)  The technical and engineering  staffs  of  the
34        Department  of  Transportation, the Department of Nuclear
 
                            -23-     LRB093 08082 NHT 08283 b
 1        Safety, the Pollution Control  Board,  and  the  Illinois
 2        Commerce  Commission,  and  the technical and engineering
 3        staff providing architectural and engineering services in
 4        the Department of Central Management Services.
 5             (13)  All  employees  of  the  Illinois  State  Toll
 6        Highway Authority.
 7             (14)  The Secretary of the Industrial Commission.
 8             (15)  All persons who are appointed or  employed  by
 9        the Director of Insurance  under authority of Section 202
10        of the Illinois Insurance Code to assist the Director  of
11        Insurance in discharging his responsibilities relating to
12        the   rehabilitation,   liquidation,   conservation,  and
13        dissolution  of  companies  that  are  subject   to   the
14        jurisdiction of the Illinois  Insurance Code.
15             (16)  All  employees  of  the St. Louis Metropolitan
16        Area Airport Authority.
17             (17)  All  investment  officers  employed   by   the
18        Illinois State Board of Investment.
19             (18)  Employees   of   the   Illinois   Young  Adult
20        Conservation Corps program, administered by the  Illinois
21        Department of Natural Resources, authorized grantee under
22        Title  VIII  of the Comprehensive Employment and Training
23        Act of 1973, 29 USC 993.
24             (19)  Seasonal  employees  of  the   Department   of
25        Agriculture  for the operation of the Illinois State Fair
26        and the DuQuoin State Fair, no one person receiving  more
27        than 29 days of such employment in any calendar year.
28             (20)  All  "temporary"  employees  hired  under  the
29        Department  of  Natural  Resources' Illinois Conservation
30        Service, a youth  employment  program  that  hires  young
31        people to work in State parks for a period of one year or
32        less.
33             (21)  All  hearing  officers  of  the  Human  Rights
34        Commission.
 
                            -24-     LRB093 08082 NHT 08283 b
 1             (22)  All  employees of the Illinois Mathematics and
 2        Science Academy.
 3             (23)  All employees of  the  Kankakee  River  Valley
 4        Area Airport Authority.
 5    (Source:  P.A.  90-490,  eff.  8-17-97;  91-214, eff. 1-1-00;
 6    91-357, eff. 7-29-99.)

 7        Section 50.  The Forms Notice Act is amended by  changing
 8    Section 4 as follows:

 9        (20 ILCS 435/4) (from Ch. 127, par. 1404)
10        Sec. 4.  Definition; State agency.
11        As  used  in  this  Act the term "state agency" means and
12    includes all  boards,  commissions,  agencies,  institutions,
13    authorities,  bodies  politic  and  corporate  of  the  State
14    created by or pursuant to the constitution or statute, of the
15    executive branch of State government; However, such term does
16    not include colleges, universities and institutions under the
17    jurisdiction  of  the  Board of Trustees of the University of
18    Illinois,  the  Board  of  Trustees  of   Southern   Illinois
19    University  at  Carbondale, the Board of Trustees of Southern
20    Illinois University at Edwardsville, the Board of Trustees of
21    Chicago State University, the Board of  Trustees  of  Eastern
22    Illinois University, the Board of Trustees of Governors State
23    University,   the   Board   of  Trustees  of  Illinois  State
24    University, the Board of Trustees  of  Northeastern  Illinois
25    University,  the  Board  of  Trustees  of  Northern  Illinois
26    University,   the  Board  of  Trustees  of  Western  Illinois
27    University, the Board of Higher Education,  or  the  Illinois
28    Community College Board.
29    (Source:  P.A.  89-4,  eff.  1-1-96;  90-156,  eff.  7-23-97;
30    90-372, eff. 7-1-98.)

31        Section  55.   The  Department  of Commerce and Community
 
                            -25-     LRB093 08082 NHT 08283 b
 1    Affairs Law of the Civil Administrative Code of  Illinois  is
 2    amended by changing Section 605-355 as follows:

 3        (20 ILCS 605/605-355) (was 20 ILCS 605/46.19a in part)
 4        Sec.  605-355.  Grants  for  research  and development in
 5    high technology and service sectors.
 6        (a)  The Department is authorized to establish a  program
 7    of  grants  to  universities,  community  colleges,  research
 8    institutions,   research  consortiums,  other  not-for-profit
 9    entities,  and  Illinois  businesses  for  the   purpose   of
10    fostering research and development in the high technology and
11    the service sector leading to the development of new products
12    and services that can be marketed by Illinois businesses. All
13    grant  awards  shall  include a contract that may provide for
14    payment of negotiated royalties  to  the  Department  if  the
15    product  or  service  to  be  developed  by  the  grantee  is
16    subsequently licensed for production.
17        (b)  Grants  may  be awarded to universities and research
18    institutions to assist them in  making  their  faculties  and
19    facilities  available  to Illinois businesses. The grants may
20    be used by a university or research institution for  purposes
21    including  but not limited to the following: (i) to establish
22    or enhance computerized cataloging of all research  labs  and
23    university  staff  and  make  those  catalogues  available to
24    Illinois businesses; (ii) to market products developed by the
25    university  to   Illinois   businesses;   (iii)   to   review
26    publications  in  order  to  identify,  catalog,  and  inform
27    Illinois  businesses  of  new  practices  in  areas  such  as
28    robotics   and  biotechnology;  (iv)  to  build  an  on-line,
29    information  and  technology  system  that  relies  on  other
30    computerized networks in the United States; and (v) to assist
31    in securing temporary replacement for faculty who are granted
32    a leave of absence from their teaching duties for the purpose
33    of working full-time for an Illinois business to assist  that
 
                            -26-     LRB093 08082 NHT 08283 b
 1    business with technology transfer.
 2        (c)  Grants  may  be awarded to universities and research
 3    institutions, research consortiums, and other  not-for-profit
 4    entities  for  the  purpose  of  identifying  and  supporting
 5    Illinois  businesses  engaged  in high technology and service
 6    sector enterprises. The Illinois  businesses  identified  and
 7    funded  shall include recipients of Small Business Innovation
 8    Research Program funds under subsections (e) through  (k)  of
 9    Section   9  of  the  Small  Business  Act  (15  U.S.C.  638,
10    subsections (e) through (k)). Entities receiving grants under
11    this subsection  (c)  shall  be  known  as  commercialization
12    centers  and  shall  engage  in  one or more of the following
13    activities:
14             (1)  Directing research assistance for  new  venture
15        creations.
16             (2)  General  feasibility  studies  of  new  venture
17        ideas.
18             (3)  Furthering   the   technical  and  intellectual
19        skills of the  managers  and  owners  of  Illinois  small
20        businesses.
21             (4)  Commercialization of technology and research.
22             (5)  Development   of  prototypes  and  testing  new
23        products.
24             (6)  Identifying   and   assisting    in    securing
25        financing.
26             (7)  Marketing assistance.
27             (8)  Assisting   Illinois   inventors   in   finding
28        Illinois   manufacturers  to  produce  and  market  their
29        inventions.
30        A commercialization center may charge a  nominal  fee  or
31    accept  royalty agreements for conducting feasibility studies
32    and other services.
33        (d)  Grants may be awarded by the Department to  Illinois
34    businesses  to  fund  research  and consultation arrangements
 
                            -27-     LRB093 08082 NHT 08283 b
 1    between  businesses  and  universities,  community  colleges,
 2    research  institutions,  research  consortiums,   and   other
 3    not-for-profit entities within this State.
 4        The  Department  shall  give  priority  to Illinois small
 5    businesses in awarding grants. Each grant awarded under  this
 6    subsection  (d)  shall  provide  funding for up to 50% of the
 7    cost of the research or  consultation  arrangements,  not  to
 8    exceed  $100,000;  provided that the grant recipient utilizes
 9    Illinois not for profit research and academic institutions to
10    perform the research and development function for which grant
11    funds were requested.
12        (e)  Grants may be awarded to  research  consortiums  and
13    other  qualified  applicants,  in  conjunction  with  private
14    sector  or  federal  funding, for other creative systems that
15    bridge  university  resources  and  business,  technological,
16    production, and development concerns.
17        (f)  For the purposes of this Section:
18        "High  technology"  means  any  area   of   research   or
19    development   designed   to   foster   greater  knowledge  or
20    understanding   in   fields   such   as   computer   science,
21    electronics, physics, chemistry, or biology for  the  purpose
22    of  producing  designing, developing, or improving prototypes
23    and new processes.
24        "Illinois business" means a "small business  concern"  as
25    defined  in  15    U.S.C.  632  that  conducts  its  business
26    primarily in Illinois.
27        "Illinois research institutions" refers to not-for-profit
28    entities,   which      include   federally   funded  research
29    laboratories,  that  conduct  research   and      development
30    activities   for   the   purpose   of  producing,  designing,
31    developing,  or improving prototypes and new processes.
32        "Other   not-for-profit   entities"    means    nonprofit
33    organizations  based  in  Illinois that are primarily devoted
34    to new enterprise or product  development.
 
                            -28-     LRB093 08082 NHT 08283 b
 1        "Private sector" has the meaning ascribed  to  it  in  29
 2    U.S.C. 1503.
 3        "University"  means  either a degree granting institution
 4    located in Illinois as defined in Section 2 of  the  Academic
 5    Degree  Act,  or  a  State-supported  institution  of  higher
 6    learning  administered  by  the  Board  of  Trustees  of  the
 7    University  of  Illinois,  the  Board of Trustees of Southern
 8    Illinois University at Carbondale, the Board of  Trustees  of
 9    Southern  Illinois  University  at Edwardsville, the Board of
10    Trustees of Chicago State University, the Board  of  Trustees
11    of  Eastern  Illinois  University,  the  Board of Trustees of
12    Governors State University, the Board of Trustees of Illinois
13    State University,  the  Board  of  Trustees  of  Northeastern
14    Illinois  University,  the  Board  of  Trustees  of  Northern
15    Illinois   University,  the  Board  of  Trustees  of  Western
16    Illinois University, or the Illinois Community College Board.
17        "Venture" means any Illinois business engaged in research
18    and development to create new products or services with  high
19    growth potential.
20        (g)  The  Department  may  establish  a  program of grant
21    assistance on a matching  basis  to  universities,  community
22    colleges,   small  business  development  centers,  community
23    action agencies and other not-for-profit economic development
24    agencies to encourage  new  enterprise  development  and  new
25    business  formation  and  to  encourage  enterprises  in this
26    State.  The Department may provide  grants,  which  shall  be
27    exempt   from   the   provisions   of   Section   35-360,  to
28    universities, community colleges, small business  development
29    centers,  community action agencies, and other not-for-profit
30    economic development entities for the purpose of making loans
31    to small businesses.  All grant  applications  shall  contain
32    information  as  required  by  the  Department, including the
33    following:  a program operation  plan;  a  certification  and
34    assurance  that  the  small business applicants have received
 
                            -29-     LRB093 08082 NHT 08283 b
 1    business development training or education, have  a  business
 2    and  finance  plan,  and  have  experience  in  the  proposed
 3    business area; and a description of the support services that
 4    the  grant  recipient will provide to the small business.  No
 5    more than 10% of the grant may be used by the grant recipient
 6    for administrative costs associated with  the  grant.   Grant
 7    recipients  may  use  grant  funds under this program to make
 8    loans on terms and conditions favorable to the small business
 9    and shall give priority to those businesses located  in  high
10    poverty areas, enterprise zones, or both.
11    (Source: P.A. 90-454, eff. 8-16-97; 91-239, eff. 1-1-00.)

12        Section  60.   The Department of Natural Resources Act is
13    amended by changing Section 15-10 as follows:

14        (20 ILCS 801/15-10)
15        Sec. 15-10. Board of Natural Resources and Conservation.
16        (a)  Within the Department there  shall  be  a  Board  of
17    Natural  Resources  and  Conservation, composed of 8 persons.
18    The Board shall  be  composed  of  the  Director  of  Natural
19    Resources   (or   the  Director's  designee),  who  shall  be
20    chairman; the president of the University of Illinois, or his
21    or her representative; the  president  of  Southern  Illinois
22    University  at  Carbondale, or his or her representative; and
23    one  appointed  expert  each  in  animal  biology,   geology,
24    engineering,  chemistry,  and  plant biology, qualified by at
25    least 10 years of experience in practicing or teaching  their
26    several professions.  Appointed members of the Board shall be
27    appointed by the Governor, with the advice and consent of the
28    Senate.
29        The  transfer  of  the Board to the Department under this
30    Act does not  terminate  or  otherwise  affect  the  term  of
31    membership  of any member of the Board, except for the change
32    in chairman.
 
                            -30-     LRB093 08082 NHT 08283 b
 1        (b)  The Board, acting through 5 or  more  subcommittees,
 2    each  of  which  shall be composed of the Director of Natural
 3    Resources, the president of the University of Illinois or his
 4    or her representative, the  president  of  Southern  Illinois
 5    University  at  Carbondale  or his or her representative, and
 6    the expert  advisor  specially  qualified  in  the  field  of
 7    investigation, shall:
 8             (1)  consider   and  decide  matters  pertaining  to
 9        natural   history,   geology,   water   and   atmospheric
10        resources, forestry, and allied research,  investigation,
11        and scientific work;
12             (2)  select  and  appoint,  without reference to the
13        State civil service law, members of the scientific staff,
14        prosecuting such research, investigation, and  scientific
15        work;
16             (3)  cooperate  with  the  University of Illinois in
17        the use of scientific staff and equipment; and
18             (4)  cooperate with the various departments of State
19        government in  research,  investigation,  and  scientific
20        work  useful  in  the  prosecution  of  the  work  of any
21        department.
22    (Source: P.A. 89-445, eff. 2-7-96; 90-14, eff. 7-1-97.)

23        Section 65.  The Capital Development Board Act is amended
24    by changing Section 12 as follows:

25        (20 ILCS 3105/12) (from Ch. 127, par. 782)
26        Sec. 12.  Nothing in  this  Act  shall  be  construed  to
27    include  the  power  to  abrogate  those powers vested in the
28    boards of the local public community  college  districts  and
29    the  Illinois Community College Board by the Public Community
30    College Act, the Board  of  Trustees  of  the  University  of
31    Illinois,   the   Board  of  Trustees  of  Southern  Illinois
32    University at Carbondale, the Board of Trustees  of  Southern
 
                            -31-     LRB093 08082 NHT 08283 b
 1    Illinois University at Edwardsville, the Board of Trustees of
 2    Chicago  State  University,  the Board of Trustees of Eastern
 3    Illinois University, the Board of Trustees of Governors State
 4    University,  the  Board  of  Trustees   of   Illinois   State
 5    University,  the  Board  of Trustees of Northeastern Illinois
 6    University,  the  Board  of  Trustees  of  Northern  Illinois
 7    University, and the Board of  Trustees  of  Western  Illinois
 8    University,  hereinafter  referred to as Governing Boards. In
 9    the exercise of the powers conferred by law  upon  the  Board
10    and  in  the  exercise of the powers vested in such Governing
11    Boards, it is hereby provided that (i) the Board and any such
12    Governing Board  may  contract  with  each  other  and  other
13    parties  as  to the design and construction of any project to
14    be constructed for or upon the  property  of  such  Governing
15    Board  or  any  institution  under  its jurisdiction; (ii) in
16    connection  with  any  such  project,  compliance  with   the
17    provisions of the Illinois Purchasing Act by either the Board
18    or  such  Governing Board shall be deemed to be compliance by
19    the other; (iii) funds appropriated  to  any  such  Governing
20    Board  may  be  expended  for  any project constructed by the
21    Board for such Governing Board; (iv) in connection  with  any
22    such  project  the  architects and engineers retained for the
23    project and the plans and specifications for the project must
24    be approved by both the Governing Board and the Board  before
25    undertaking  either design or construction of the project, as
26    the case may be.
27    (Source: P.A. 89-4, eff. 1-1-96.)

28        Section 70.  The Building Authority  Act  is  amended  by
29    changing Sections 3, 4, 5, and 9 as follows:

30        (20 ILCS 3110/3) (from Ch. 127, par. 213.3)
31        Sec.  3.   Duties.  The Authority shall make thorough and
32    continuous  studies  and  investigations  of  the   following
 
                            -32-     LRB093 08082 NHT 08283 b
 1    building needs of the State of Illinois as they may from time
 2    to time develop:
 3        (a)  Office  structures,  recreational  facilities, fixed
 4    equipment of any kind, electric, gas, steam, water and  sewer
 5    utilities,     motor     parking    facilities,    hospitals,
 6    penitentiaries and facilities of every  kind  and  character,
 7    other  than  movable  equipment,  considered by the Authority
 8    necessary or convenient for the efficient  operation  of  any
 9    unit  which  is  used  by  any  officer,  department,  board,
10    commission or other agency of the State.
11        (b)  Buildings  and  other facilities intended for use as
12    classrooms, laboratories, libraries, student residence halls,
13    instructional and  administrative  facilities  for  students,
14    faculty,  officers,  and employees, and motor vehicle parking
15    facilities and fixed equipment for any  institution  or  unit
16    under  the control of the Board of Trustees of the University
17    of Illinois, the  Board  of  Trustees  of  Southern  Illinois
18    University  at  Carbondale, the Board of Trustees of Southern
19    Illinois University at Edwardsville, the Board of Trustees of
20    Chicago State University, the Board of  Trustees  of  Eastern
21    Illinois University, the Board of Trustees of Governors State
22    University,   the   Board   of  Trustees  of  Illinois  State
23    University, the Board of Trustees  of  Northeastern  Illinois
24    University,  the  Board  of  Trustees  of  Northern  Illinois
25    University,   the  Board  of  Trustees  of  Western  Illinois
26    University, the School  Building  Commission  or  any  public
27    community college district board.
28        (c)  School  sites, buildings and fixed equipment to meet
29    the  needs  of  school  districts  unable  to  provide   such
30    facilities  because  of lack of funds and constitutional bond
31    limitations, whenever any General Assembly has  declared  the
32    acquisition   of   sites,   construction   of  buildings  and
33    installation of fixed equipment for such school districts  to
34    be   in   the   public  interest,  and  allocations  of  said
 
                            -33-     LRB093 08082 NHT 08283 b
 1    declarations shall be made as provided in Section 5  of  this
 2    Act.
 3        Whenever  the General Assembly declares by law that it is
 4    in the public interest for the Authority to acquire any  real
 5    estate,   construct,  complete  and  remodel  buildings,  and
 6    install fixed equipment in buildings and other facilities for
 7    public community college districts, or for  school  districts
 8    that  qualify under Article 35 of The School Code, as amended
 9    or as may hereafter be amended, the amount of any declaration
10    to be allocated to  any  public  community  college  district
11    shall  be determined by the Illinois Community College Board,
12    and the amount of any declaration  to  be  allocated  to  any
13    School  District  qualifying  under  Article 35 of The School
14    Code shall be determined by the School  Building  Commission,
15    unless otherwise provided by law.
16    (Source: P.A. 89-4, eff. 1-1-96.)

17        (20 ILCS 3110/4) (from Ch. 127, par. 213.4)
18        Sec.  4.   Any  department,  board, commission, agency or
19    officer of this  State  or  the  Board  of  Trustees  of  the
20    University  of  Illinois,  the  Board of Trustees of Southern
21    Illinois University at Carbondale, the Board of  Trustees  of
22    Southern  Illinois  University  at Edwardsville, the Board of
23    Trustees of Chicago State University, the Board  of  Trustees
24    of  Eastern  Illinois  University,  the  Board of Trustees of
25    Governors State University, the Board of Trustees of Illinois
26    State University,  the  Board  of  Trustees  of  Northeastern
27    Illinois  University,  the  Board  of  Trustees  of  Northern
28    Illinois   University,  the  Board  of  Trustees  of  Western
29    Illinois University, the School Building Commission,  or  any
30    public   community   college  district  board,  may  transfer
31    jurisdiction of or title to any property  under  its  or  his
32    control  to  the  Authority when such transfer is approved in
33    writing by the Governor as being advantageous to the State.
 
                            -34-     LRB093 08082 NHT 08283 b
 1    (Source: P.A. 89-4, eff. 1-1-96.)

 2        (20 ILCS 3110/5) (from Ch. 127, par. 213.5)
 3        Sec. 5.  Powers.  To  accomplish  projects  of  the  kind
 4    listed  in  Section  3 above, the Authority shall possess the
 5    following powers:
 6        (a)  Acquire by  purchase  or  otherwise  (including  the
 7    power of condemnation in the manner provided for the exercise
 8    of  the right of eminent domain under Article VII of the Code
 9    of Civil Procedure, as amended), construct, complete, remodel
10    and install fixed equipment in  any  and  all  buildings  and
11    other  facilities  as the General Assembly by law declares to
12    be in the public interest.
13        Whenever the General Assembly has by law declared  it  to
14    be  in  the  public interest for the Authority to acquire any
15    real estate, construct, complete, remodel and  install  fixed
16    equipment  in  buildings  and  other  facilities  for  public
17    community  college  districts, the Director of the Department
18    of Central Management Services shall, when requested  by  any
19    such  public  community  college district board, enter into a
20    lease by and on behalf of and for  the  use  of  such  public
21    community college district board to the extent appropriations
22    have been made by the General Assembly to pay the rents under
23    the terms of such lease.
24        In the course of such activities, acquire property of any
25    and  every  kind  and  description, whether real, personal or
26    mixed, by gift, purchase or otherwise. It  may  also  acquire
27    real  estate  of  the  State  of  Illinois  controlled by any
28    officer, department, board, commission, or  other  agency  of
29    the  State,  or  the  Board  of Trustees of the University of
30    Illinois,  the  Board  of  Trustees  of   Southern   Illinois
31    University  at  Carbondale, the Board of Trustees of Southern
32    Illinois University at Edwardsville, the Board of Trustees of
33    Chicago State University, the Board of  Trustees  of  Eastern
 
                            -35-     LRB093 08082 NHT 08283 b
 1    Illinois University, the Board of Trustees of Governors State
 2    University,   the   Board   of  Trustees  of  Illinois  State
 3    University, the Board of Trustees  of  Northeastern  Illinois
 4    University,  the  Board  of  Trustees  of  Northern  Illinois
 5    University,   the  Board  of  Trustees  of  Western  Illinois
 6    University, the School  Building  Commission  or  any  public
 7    community  college  district board, the jurisdiction of which
 8    is  transferred   by   such   officer,   department,   board,
 9    commission,  or  other  agency,  or  the Board of Trustees of
10    Southern Illinois University  at  Carbondale,  the  Board  of
11    Trustees of Southern Illinois University at Edwardsville, the
12    Board  of  Trustees of Chicago State University, the Board of
13    Trustees  of  Eastern  Illinois  University,  the  Board   of
14    Trustees of Governors State University, the Board of Trustees
15    of  Illinois  State  University,  the  Board  of  Trustees of
16    Northeastern Illinois University, the Board  of  Trustees  of
17    Northern  Illinois  University,  the  Board  of  Trustees  of
18    Western   Illinois   University,   or   the  School  Building
19    Commission or any public community college district board, to
20    the Authority. The Board of Trustees  of  the  University  of
21    Illinois,   the   Board  of  Trustees  of  Southern  Illinois
22    University at Carbondale, the Board of Trustees  of  Southern
23    Illinois University at Edwardsville, the Board of Trustees of
24    Chicago  State  University,  the Board of Trustees of Eastern
25    Illinois University, the Board of Trustees of Governors State
26    University,  the  Board  of  Trustees   of   Illinois   State
27    University,  the  Board  of Trustees of Northeastern Illinois
28    University,  the  Board  of  Trustees  of  Northern  Illinois
29    University,  the  Board  of  Trustees  of  Western   Illinois
30    University,  or the School Building Commission and any public
31    community college district board, respectively, shall prepare
32    plans and specifications for and have  supervision  over  any
33    project  to  be  undertaken  by  the Authority for their use.
34    Before any other particular construction is undertaken, plans
 
                            -36-     LRB093 08082 NHT 08283 b
 1    and specifications shall be approved by the  lessee  provided
 2    for under (b) below, except as indicated above.
 3        (b)  Execute  leases  of  facilities  and  sites  to, and
 4    charge for the use of any such facilities and sites  by,  any
 5    officer, department, board, commission or other agency of the
 6    State  of  Illinois,  or  the  Director  of the Department of
 7    Central Management Services when the  Director  is  requested
 8    to,  by  and  on  behalf  of, or for the use of, any officer,
 9    department, board, commission or other agency of the State of
10    Illinois, or by the Board of Trustees of  the  University  of
11    Illinois,   the   Board  of  Trustees  of  Southern  Illinois
12    University at Carbondale, the Board of Trustees  of  Southern
13    Illinois University at Edwardsville, the Board of Trustees of
14    Chicago  State  University,  the Board of Trustees of Eastern
15    Illinois University, the Board of Trustees of Governors State
16    University,  the  Board  of  Trustees   of   Illinois   State
17    University,  the  Board  of Trustees of Northeastern Illinois
18    University,  the  Board  of  Trustees  of  Northern  Illinois
19    University,  the  Board  of  Trustees  of  Western   Illinois
20    University,  or  the School Building Commission or any public
21    community college district board. Such leases may be  entered
22    into  contemporaneously  with any financing to be done by the
23    Authority and payments under the terms  of  the  lease  shall
24    begin at any time after execution of any such lease.
25        (c)  In  the  event  of  non-payment of rents reserved in
26    such leases, maintain and operate such facilities  and  sites
27    or   execute  leases  thereof  to  others  for  any  suitable
28    purposes. Such leases to the officers,  departments,  boards,
29    commissions,   other   agencies,  the  respective  Boards  of
30    Trustees,, or the School Building Commission  or  any  public
31    community  college district board shall contain the provision
32    that rents under such leases shall  be  payable  solely  from
33    appropriations  to  be  made  by the General Assembly for the
34    payment of such  rent  and  any  revenues  derived  from  the
 
                            -37-     LRB093 08082 NHT 08283 b
 1    operation of the leased premises.
 2        (d)  Borrow money and issue and sell bonds in such amount
 3    or  amounts as the Authority may determine for the purpose of
 4    acquiring, constructing, completing or remodeling, or putting
 5    fixed equipment in any such facility;  refund  and  refinance
 6    the  same  from  time to time as often as advantageous and in
 7    the public interest to do so; and pledge any and  all  income
 8    of  such  Authority,  and  any  revenues  derived  from  such
 9    facilities, or any combination thereof, to secure the payment
10    of  such  bonds  and to redeem such bonds. All such bonds are
11    subject to the provisions of Section 6 of this Act.
12        In addition to  the  permanent  financing  authorized  by
13    Sections 5 and 6 of this Act, the Illinois Building Authority
14    may  borrow money and issue interim notes in evidence thereof
15    for any of the projects, or to  perform  any  of  the  duties
16    authorized  under  this Act, and in addition may borrow money
17    and issue  interim  notes  for  planning,  architectural  and
18    engineering,  acquisition  of  land,  and  purchase  of fixed
19    equipment as follows:
20             1.  Whenever the Authority  considers  it  advisable
21        and  in  the  interests  of the Authority to borrow funds
22        temporarily for any of the purposes  enumerated  in  this
23        Section,  the  Authority  may  from  time  to  time,  and
24        pursuant  to  appropriate resolution, issue interim notes
25        to evidence  such  borrowings  including  funds  for  the
26        payment  of interest on such borrowings and funds for all
27        necessary and incidental expenses in connection with  any
28        of the purposes provided for by this Section and this Act
29        until the date of the permanent financing. Any resolution
30        authorizing the issuance of such notes shall describe the
31        project  to be undertaken and shall specify the principal
32        amount, rate of interest (not exceeding the maximum  rate
33        authorized  by  the Bond Authorization Act, as amended at
34        the time of the making of  the  contract,)  and  maturity
 
                            -38-     LRB093 08082 NHT 08283 b
 1        date,  but  not to exceed 5 years from date of issue, and
 2        such other terms as may be specified in such  resolution;
 3        however,  time  of  payment  of  any  such  notes  may be
 4        extended for a period of not exceeding 3 years  from  the
 5        maturity date thereof.
 6             The  Authority  may  provide for the registration of
 7        the notes in the name of the owner either as to principal
 8        alone, or as to both  principal  and  interest,  on  such
 9        terms  and  conditions  as the Authority may determine by
10        the resolution authorizing their issue. The  notes  shall
11        be issued from time to time by the Authority as funds are
12        borrowed,  in  the  manner  the  Authority may determine.
13        Interest on the notes may be made  payable  semiannually,
14        annually   or   at   maturity.  The  notes  may  be  made
15        redeemable, prior to  maturity,  at  the  option  of  the
16        Authority,  in the manner and upon the terms fixed by the
17        resolution authorizing their issuance. The notes  may  be
18        executed  in the name of the Authority by the Chairman of
19        the Authority or by any other officer or officers of  the
20        Authority  as  the  Authority  by  resolution may direct,
21        shall be attested by the Secretary or such other  officer
22        or  officers  of  the  Authority  as the Authority may by
23        resolution direct, and be  sealed  with  the  Authority's
24        corporate  seal.  All such notes and the interest thereon
25        may be secured by a pledge  of  any  income  and  revenue
26        derived   by   the  Authority  from  the  project  to  be
27        undertaken with the proceeds of the notes  and  shall  be
28        payable  solely from such income and revenue and from the
29        proceeds to be derived from the sale of any revenue bonds
30        for permanent financing authorized  to  be  issued  under
31        Sections  5  and  6  of  this  Act, and from the property
32        acquired with the proceeds of the notes.
33             Contemporaneously with the issue of revenue bonds as
34        provided by this Act, all interim notes, even though they
 
                            -39-     LRB093 08082 NHT 08283 b
 1        may not then have matured, shall be paid, both  principal
 2        and  interest  to date of payment, from the funds derived
 3        from  the  sale  of  revenue  bonds  for  the   permanent
 4        financing and such interim notes shall be surrendered and
 5        canceled.
 6             2.  The  Authority,  in  order further to secure the
 7        payment of the interim notes,  is,  in  addition  to  the
 8        foregoing,  authorized and empowered to make any other or
 9        additional   covenants,   terms   and   conditions    not
10        inconsistent  with  the provisions of subparagraph (a) of
11        this Section, and do any and all acts and things  as  may
12        be  necessary  or  convenient  or  desirable  in order to
13        secure payment of its interim notes, or in the discretion
14        of the Authority, as will tend to make the interim  notes
15        more  acceptable  to  lenders,  notwithstanding  that the
16        covenants, acts or things may not be  enumerated  herein;
17        however,  nothing  contained  in  this subparagraph shall
18        authorize the Authority to  secure  the  payment  of  the
19        interim  notes  out of property or facilities, other than
20        the facilities acquired with the proceeds of the  interim
21        notes,  and  any  net income and revenue derived from the
22        facilities  and  the  proceeds  of   revenue   bonds   as
23        hereinabove provided.
24        (e)  Convey  property, without charge, to the State or to
25    the appropriate corporate agency  of  the  State  or  to  any
26    public community college district board if and when all debts
27    which have been secured by the income from such property have
28    been paid.
29        (f)  Enter  into contracts regarding any matter connected
30    with any corporate purpose within the objects and purposes of
31    this Act.
32        (g)  Employ agents and employees necessary to  carry  out
33    the duties and purposes of the Authority.
34        (h)  Adopt  all  necessary by-laws, rules and regulations
 
                            -40-     LRB093 08082 NHT 08283 b
 1    for the conduct of the business and affairs of the Authority,
 2    and for the  management  and  use  of  facilities  and  sites
 3    acquired under the powers granted by this Act.
 4        (i)  Have  and  use  a  common seal and alter the same at
 5    pleasure.
 6        The Interim notes shall  constitute  State  debt  of  the
 7    State of Illinois within the meaning of any of the provisions
 8    of the Constitution and statutes of the State of Illinois.
 9        No  member,  officer, agent or employee of the Authority,
10    nor any other person who executes  interim  notes,  shall  be
11    liable personally by reason of the issuance thereof.
12        With  respect  to  instruments  for  the payment of money
13    issued under this Section either before,  on,  or  after  the
14    effective  date  of  this  amendatory  Act of 1989, it is and
15    always has been the intention of  the  General  Assembly  (i)
16    that   the  Omnibus  Bond  Acts  are  and  always  have  been
17    supplementary  grants  of  power  to  issue  instruments   in
18    accordance  with  the  Omnibus  Bond  Acts, regardless of any
19    provision of this Act that may appear to be or to  have  been
20    more restrictive than those Acts, (ii) that the provisions of
21    this  Section  are  not  a  limitation  on  the supplementary
22    authority granted by the Omnibus Bond Acts,  and  (iii)  that
23    instruments    issued   under   this   Section   within   the
24    supplementary authority granted by the Omnibus Bond Acts  are
25    not  invalid  because  of  any provision of this Act that may
26    appear to be or to have  been  more  restrictive  than  those
27    Acts.
28    (Source: P.A. 89-4, eff. 1-1-96.)

29        (20 ILCS 3110/9) (from Ch. 127, par. 213.9)
30        Sec. 9.  Limitation on disbursements. The Authority shall
31    keep  account  of  the  gross  total income derived from each
32    separate  project  or  any  combination  thereof   undertaken
33    pursuant  to  this Act. Disbursements from a given account in
 
                            -41-     LRB093 08082 NHT 08283 b
 1    The Public Building Fund shall be ordered  by  the  Authority
 2    only  for the payment of (1) the principal of and interest on
 3    the bonds issued for each project,  or  combination  thereof,
 4    and  (2)  any  other  purposes  set  forth  in the resolution
 5    authorizing the issuance of such bonds.
 6        An accurate record shall be kept of the  rental  payments
 7    under  each  lease  entered  into  by  the  Authority and any
 8    officer, department, board, commission or other agency of the
 9    State of Illinois, the Director of the Department of  Central
10    Management  Services, the Board of Trustees of the University
11    of Illinois, the  Board  of  Trustees  of  Southern  Illinois
12    University  at  Carbondale, the Board of Trustees of Southern
13    Illinois University at Edwardsville, the Board of Trustees of
14    Chicago State University, the Board of  Trustees  of  Eastern
15    Illinois University, the Board of Trustees of Governors State
16    University,   the   Board   of  Trustees  of  Illinois  State
17    University, the Board of Trustees  of  Northeastern  Illinois
18    University,  the  Board  of  Trustees  of  Northern  Illinois
19    University,   the  Board  of  Trustees  of  Western  Illinois
20    University, the School Building  Commission,  or  any  public
21    community  college  district  board,  and  when  the  rentals
22    applicable  to  each  project or facility, or any combination
23    thereof, constructed, completed,  remodeled,  maintained  and
24    equipped,  have  been  paid  in  (1)  amounts  sufficient  to
25    amortize and pay the principal of and interest upon the total
26    principal  amount of bonds of the Authority issued to pay the
27    cost of each project or facility, including  maintenance  and
28    operation  expenses and that proportion of the administrative
29    expense of the Authority as provided for by  each  lease,  or
30    (2)  amounts which when invested in direct obligations of the
31    United States of America are, together with earnings thereon,
32    sufficient to amortize and pay the principal of and  interest
33    upon  the  total  principal  amount of bonds of the Authority
34    issued to pay the cost of each project or facility, including
 
                            -42-     LRB093 08082 NHT 08283 b
 1    maintenance and operation expenses and that proportion of the
 2    administrative expense of the Authority as  provided  for  by
 3    each  lease, the property shall be conveyed without charge to
 4    the lessee.
 5    (Source: P.A. 89-4, eff. 1-1-96.)

 6        Section 75.  The  Legislative  Commission  Reorganization
 7    Act of 1984 is amended by changing Section 10-3 as follows:

 8        (25 ILCS 130/10-3) (from Ch. 63, par. 1010-3)
 9        Sec. 10-3. The Legislative Research Unit may administer a
10    legislative  staff  internship  program in cooperation with a
11    university  in  the  state  designated  by  the   Legislative
12    Research   Unit.    For   the  purpose  of  advising  in  the
13    administration  of  such  a  program,  there  is  created   a
14    sponsoring   committee   for  legislative  staff  internships
15    consisting of the chairman of the Legislative  Research  Unit
16    or a member designated by him, the President of the Senate or
17    a  Senator  designated  by  him,  the Speaker of the House of
18    Representatives or a Representative designated  by  him,  the
19    Minority Leader of the Senate or a Senator designated by him,
20    and  the Minority Leader of the House of Representatives or a
21    Representative designated by him, as plenary members, and  as
22    associate members, one person from the academic staff of each
23    university  designated  by the Legislative Research Unit as a
24    cooperating university and agreeing to cooperate, such person
25    to be appointed by the  ranking  academic  official  of  such
26    university.      Until  the  Legislative  Research  Unit,  by
27    resolution,   determines    otherwise,    such    cooperating
28    universities  are Northwestern University, Illinois Institute
29    of Technology, University of Chicago, University of Illinois,
30    Roosevelt University,  Western  Illinois  University,  Loyola
31    University   of  Chicago,  Southern  Illinois  University  at
32    Carbondale, Southern  Illinois  University  at  Edwardsville,
 
                            -43-     LRB093 08082 NHT 08283 b
 1    DePaul  University,  Eastern  Illinois  University,  Northern
 2    Illinois University, Sangamon State University of Illinois at
 3    Springfield,   and   Illinois  State  University.   Associate
 4    members shall serve  at  the  pleasure  of  their  respective
 5    appointing  authorities.  Members of the sponsoring committee
 6    shall serve without compensation, but shall be reimbursed for
 7    necessary expenses in  connection  with  the  performance  of
 8    their duties.
 9    (Source: P.A. 83-1257; revised 11-6-02.)

10        Section 80.  The State Finance Act is amended by changing
11    Sections  6a-1,  6a-2,  6a-3,  10,  12-1, and 13.2 and adding
12    Section 6a-1h as follows:

13        (30 ILCS 105/6a-1) (from Ch. 127, par. 142a1)
14        Sec. 6a-1.  Southern Illinois University  at  Carbondale;
15    retention of income.
16        (1)  Beginning  on  the effective date of this amendatory
17    Act of 1996, The following items of income  received  by  the
18    Southern   Illinois  University  at  Carbondale  for  general
19    operational and educational purposes shall be retained by the
20    University in its own treasury and  credited  to  an  account
21    known  as  the University Income Fund that it shall establish
22    in its treasury for purposes of this paragraph:  (a)  tuition
23    and  laboratory  fees  not  pledged  to discharge obligations
24    arising out of the issuance of revenue bonds,  library  fees,
25    and  all interest which may be earned thereon; and (b) excess
26    income from auxiliary enterprises and activities as  provided
27    in  paragraph  (2)  of  this  Section,  and  all other income
28    arising out of any  activity  or  purpose  not  specified  in
29    paragraph  (2)  of  this  Section or in Sections 6a-2 or 6a-3
30    upon receipt of the same without any deduction whatever. Such
31    items  of  income  shall  be  deposited  into  a  college  or
32    university bank account within the  time  period  established
 
                            -44-     LRB093 08082 NHT 08283 b
 1    for  like  amounts  in  Section  2  of the State Officers and
 2    Employees Money Disposition Act. Within  10  days  after  the
 3    effective  date  of  this  amendatory Act of 1996, all moneys
 4    then remaining in the  Southern  Illinois  University  Income
 5    Fund  heretofore  established  as a special fund in the State
 6    Treasury that were covered and paid into  that  fund  by  the
 7    University shall be repaid to the University upon the warrant
 8    of  the State Comptroller, directed to the State Treasurer as
 9    an order to pay the sum required  to  be  repaid  under  this
10    paragraph  and  shown  as due on the warrant.  The University
11    shall deposit the amount so repaid to  it  in  a  college  or
12    university  bank  account  within the time period established
13    for like amounts in Section  2  of  the  State  Officers  and
14    Employees  Money  Disposition  Act,  to  be  credited  to the
15    University Income Fund established by the University  in  its
16    own treasury for purposes of this paragraph.  All moneys from
17    time  to  time  held  in  the  University  Income Fund in the
18    treasury of the University shall be used by  the  University,
19    pursuant  to the order and direction of the Board of Trustees
20    of the University, for the support  and  improvement  of  the
21    University, except for amounts disbursed from that University
22    Income  Fund  for  refunds  to  students  for  whom duplicate
23    payment has been made and  to  students  who  have  withdrawn
24    after registration and who are entitled to such refunds.
25        (2)  The  following  items of income shall be retained by
26    the University in its own treasury: endowment  funds,  gifts,
27    trust  funds,  and  Federal aid; funds received in connection
28    with contracts with governmental, public, or private agencies
29    or persons, for research or services  including  funds  which
30    are  paid  as reimbursement to the University; funds received
31    in connection with reserves authorized by Section 8a  of  the
32    Southern  Illinois  University Management Act; funds received
33    in connection with its operation of medical research and high
34    technology   parks   and   with   the   retention,   receipt,
 
                            -45-     LRB093 08082 NHT 08283 b
 1    assignment, license, sale or transfer of interests in, rights
 2    to,  or  income  from  discoveries,  inventions,  patents, or
 3    copyrightable works; funds retained by the  University  under
 4    the  authority  of Sections 6a-2 and 6a-3; and funds received
 5    from the operation of student or staff residence  facilities,
 6    student   and   staff  medical  and  health  programs,  Union
 7    buildings, bookstores, farms,  stores,  and  other  auxiliary
 8    enterprises  or activities which are self-supporting in whole
 9    or  in  part.  Any  income  derived   from   such   auxiliary
10    enterprises  or  activities  which  is not necessary to their
11    support, maintenance, or development shall not,  however,  be
12    applied  to  any  general operational or educational purposes
13    but shall be retained by the University in its  own  treasury
14    and  credited  to  the  University  Income Fund that it shall
15    establish in its treasury as provided  in  paragraph  (1)  of
16    this Section.
17        Whenever such funds retained by the University in its own
18    treasury  are  deposited  with  a  bank  or  savings and loan
19    association and the amount of the deposit exceeds the  amount
20    of  federal  deposit  insurance  coverage,  a bond or pledged
21    securities shall be obtained. Only the  types  of  securities
22    which  the State Treasurer may, in his discretion, accept for
23    amounts  not  insured  by  the  Federal   Deposit   Insurance
24    Corporation   or  the  Federal  Savings  and  Loan  Insurance
25    Corporation under Section 11 of the Deposit of  State  Moneys
26    Act,  may be accepted as pledged securities. The market value
27    of the bond or pledged securities shall at all times be equal
28    to or greater than the uninsured portion of the deposit.
29        The Auditor General shall audit or cause  to  be  audited
30    the   above   items  of  income  and  all  other  income  and
31    expenditures of such institution.
32    (Source: P.A. 89-602, eff. 8-2-96.)

33        (30 ILCS 105/6a-1h new)
 
                            -46-     LRB093 08082 NHT 08283 b
 1        Sec.    6a-1h.  Southern    Illinois    University     at
 2    Edwardsville; retention of income.
 3        (a)  The  following  items of income received by Southern
 4    Illinois University at Edwardsville for  general  operational
 5    and  educational purposes shall be retained by the University
 6    in its own treasury and credited to an account known  as  the
 7    University  Income  Fund  that  it  shall  establish  in  its
 8    treasury for purposes of this subsection (a): (1) tuition and
 9    laboratory  fees not pledged to discharge obligations arising
10    out of the issuance of revenue bonds, library fees,  and  all
11    interest  that  may  be earned thereon; and (2) excess income
12    from auxiliary enterprises  and  activities  as  provided  in
13    subsection  (b)  of this Section and all other income arising
14    out of any activity or purpose not  specified  in  subsection
15    (b)  of this Section or in Sections 6a-2 or 6a-3 upon receipt
16    of the same without any deduction  whatever.  Such  items  of
17    income  shall  be deposited into a college or university bank
18    account within the time period established for  like  amounts
19    in  Section  2  of  the  State  Officers  and Employees Money
20    Disposition Act.  All moneys from time to time  held  in  the
21    University  Income  Fund  in  the  treasury of the University
22    shall be used by the University, pursuant to  the  order  and
23    direction of the Board of Trustees of the University, for the
24    support and improvement of the University, except for amounts
25    disbursed  from  that  University  Income Fund for refunds to
26    students for whom duplicate payment  has  been  made  and  to
27    students  who  have  withdrawn after registration and who are
28    entitled to such refunds.
29        (b)  The following items of income shall be  retained  by
30    the  University  in its own treasury: endowment funds, gifts,
31    trust funds, and Federal aid; funds  received  in  connection
32    with contracts with governmental, public, or private agencies
33    or persons for research or services, including funds that are
34    paid  as  reimbursement  to the University; funds received in
 
                            -47-     LRB093 08082 NHT 08283 b
 1    connection with reserves authorized  by  Section  8a  of  the
 2    Southern  Illinois  University Management Act; funds received
 3    in connection with its operation of medical research and high
 4    technology   parks   and   with   the   retention,   receipt,
 5    assignment,  license,  sale,  or  transfer  of  interests in,
 6    rights to, or income from discoveries,  inventions,  patents,
 7    or  copyrightable  works;  funds  retained  by the University
 8    under the authority of Sections  6a-2  and  6a-3;  and  funds
 9    received  from  the  operation  of student or staff residence
10    facilities, student and staff medical  and  health  programs,
11    Union   buildings,   bookstores,  farms,  stores,  and  other
12    auxiliary enterprises or activities that are  self-supporting
13    in  whole  or in part. Any income derived from such auxiliary
14    enterprises or activities that  is  not  necessary  to  their
15    support,  maintenance,  or development shall not, however, be
16    applied to any general operational  or  educational  purposes
17    but  shall  be retained by the University in its own treasury
18    and credited to the University  Income  Fund  that  it  shall
19    establish  in  its  treasury as provided in subsection (a) of
20    this Section.
21        Whenever such funds retained by the University in its own
22    treasury are deposited  with  a  bank  or  savings  and  loan
23    association  and the amount of the deposit exceeds the amount
24    of federal deposit insurance  coverage,  a  bond  or  pledged
25    securities  shall  be  obtained. Only the types of securities
26    that the State Treasurer  may,  in  his  or  her  discretion,
27    accept  for  amounts  not  insured  by  the  Federal  Deposit
28    Insurance   Corporation  or  the  Federal  Savings  and  Loan
29    Insurance Corporation under Section  11  of  the  Deposit  of
30    State  Moneys  Act may be accepted as pledged securities. The
31    market value of the bond or pledged securities shall  at  all
32    times  be  equal  to or greater than the uninsured portion of
33    the deposit.
34        The Auditor General shall audit or cause  to  be  audited
 
                            -48-     LRB093 08082 NHT 08283 b
 1    the   above   items  of  income  and  all  other  income  and
 2    expenditures of such institution.

 3        (30 ILCS 105/6a-2) (from Ch. 127, par. 142a2)
 4        Sec. 6a-2. Retention of certain  funds  by  universities;
 5    use of funds; audit.
 6        (a)  Each  University  listed  in Section Sections 6a, or
 7    6a-1, or 6a-1h may retain in its treasury any  funds  derived
 8    from  rentals,  service  charges  and laboratory and building
 9    service charges or other sources, assessed or obtained for or
10    arising out of the operation of any building or buildings  or
11    structure  or structures and pledged to discharge obligations
12    created in order to complete  or  operate  such  building  or
13    structure,  or  for the payment of revenue bonds issued under
14    "An Act to  authorize  The  Board  of  Trustees  of  Southern
15    Illinois University to acquire, build, purchase, or otherwise
16    construct,  equip,  complete,  remodel, operate, control, and
17    manage student residence halls,  dormitories,  dining  halls,
18    student  union  buildings,  field  houses, stadiums and other
19    revenue-producing buildings, including  sites  therefor,  for
20    the  Southern Illinois University, defining the duties of The
21    Board  of  Trustees  of  Southern  Illinois  University  with
22    respect to operation and maintenance thereof, charging  rates
23    or   fees   for  the  use  thereof,  and  providing  for  and
24    authorizing  the  issuance  of  bonds  for  the  purpose   of
25    defraying  the cost of construction, acquisition or equipment
26    of any such building or buildings payable from  the  revenues
27    derived  from  the  operation thereof, or, when authorized by
28    The  Board  of  Trustees,  payable  from  such  revenues   as
29    supplemented  by  University  income  authorized by law to be
30    retained in the  University  treasury  and  applied  to  such
31    purpose,  and  for  the  refunding  of  any  such  bonds, and
32    authorizing investment in  such  bonds",  approved  June  30,
33    1949,  as amended, or issued under the "Board of Governors of
 
                            -49-     LRB093 08082 NHT 08283 b
 1    State Colleges and Universities Revenue Bond  Act",  approved
 2    May  8,  1947,  as  amended,  as  the case may be; and, to be
 3    disbursed from  time  to  time  pursuant  to  the  order  and
 4    direction  of  the  Board  of  Trustees  of Southern Illinois
 5    University at Carbondale, the Board of Trustees  of  Southern
 6    Illinois   University   at  Edwardsville,  or  the  Board  of
 7    Governors  of  State  Colleges  and  Universities,   and   in
 8    accordance  with any contracts, pledges, trusts or agreements
 9    heretofore or hereafter made by  the  Board  of  Trustees  or
10    Board of Governors of State Colleges and Universities.
11        (b)  The   Board   of   Trustees   of  Southern  Illinois
12    University  at  Carbondale  and  the  Board  of  Trustees  of
13    Southern Illinois University at Edwardsville may also  retain
14    in  their  treasuries  its  treasury, out of student fees and
15    tuition, such sums annually as each the Board determines  are
16    necessary  to supplement revenue derived from any building or
17    buildings constructed or acquired after July 1, 1957,  or  to
18    supplement  revenues  derived  from any building or buildings
19    having bonds outstanding thereon which are refunded under the
20    provisions of "An Act to authorize The Board of  Trustees  of
21    Southern  Illinois University to acquire, build, purchase, or
22    otherwise  construct,  equip,  complete,  remodel,   operate,
23    control,  and  manage  student  residence halls, dormitories,
24    dining  halls,  student  union   buildings,   field   houses,
25    stadiums,  and  other  revenue-producing buildings, including
26    sites  therefor,  for  the  Southern   Illinois   University,
27    defining  the  duties  of  The  Board of Trustees of Southern
28    Illinois University with respect to operation and maintenance
29    thereof, charging rates or fees  for  the  use  thereof,  and
30    providing  for  and authorizing the issuance of bonds for the
31    purpose of defraying the cost of construction, acquisition or
32    equipment of any such building or buildings payable from  the
33    revenues   derived  from  the  operation  thereof,  or,  when
34    authorized by  The  Board  of  Trustees,  payable  from  such
 
                            -50-     LRB093 08082 NHT 08283 b
 1    revenues  as  supplemented by University income authorized by
 2    law to be retained in the University treasury and applied  to
 3    such  purpose,  and  for the refunding of any such bonds, and
 4    authorizing investment in  such  bonds",  approved  June  30,
 5    1949,  as  amended,  and  pledge  or  by  resolution  make  a
 6    supplementary  allocation  of  the  funds  so retained out of
 7    students' fees and tuition for the retirement of  such  bonds
 8    as may be issued under such Act. Such funds as are so pledged
 9    shall annually be credited to the account to which the pledge
10    applies. Such funds as are supplementarily allocated by Board
11    resolution  subsequent  to  the resolution creating the bonds
12    shall be  credited  in  accordance  with  the  terms  of  the
13    resolution   making  such  supplementary  allocation  to  the
14    account to which the allocation applies. Each The  Board  may
15    authorize  such supplementation only after a determination by
16    it  that  the  maximum  revenues  which  may  reasonably  and
17    economically be derived from  the  operation  of  a  building
18    proposed  to  be constructed or acquired under the Act herein
19    cited will be insufficient to meet the costs of operation and
20    maintenance and to pay the principal of and interest on bonds
21    issued for such building, or after a determination by it that
22    the maximum revenues which may reasonably and economically be
23    derived from the operation of a building already  constructed
24    or acquired under the Act are or will be insufficient to meet
25    the  costs  of  operation  and  maintenance  and  to  pay the
26    principal of and interest on bonds issued for such  building.
27    In  no event shall the supplementation from University income
28    be in excess of an amount which, when added to  the  revenues
29    to   be  derived  from  the  operation  of  the  building  or
30    buildings, will be sufficient to meet the annual debt service
31    requirements on the bonds issued in respect to such  building
32    or  buildings, the annual cost of maintenance or operation of
33    such building or buildings, and to provide for such reserves,
34    accounts or covenants which the  resolution  authorizing  the
 
                            -51-     LRB093 08082 NHT 08283 b
 1    issuing of such bonds may require.
 2        (c)  The  Auditor  General  shall  audit  or  cause to be
 3    audited the above items of income and all  other  income  and
 4    expenditures of such institutions.
 5        (d)  Beginning  on  January  1,  1996,  the provisions of
 6    subsection (a) of this Section, insofar as they relate to the
 7    retention and use of  any  funds  by  or  on  behalf  of  the
 8    universities  listed  in  Section  6a, shall be superseded by
 9    Section 5-35 of the Chicago State University Law and  Section
10    6a-1c  of the State Finance Act with respect to Chicago State
11    University;  by  Section  10-35  of  the   Eastern   Illinois
12    University  Law  and  Section  6a-1d of the State Finance Act
13    with respect to Eastern Illinois University; by Section 15-35
14    of the Governors State University Law and  Section  6a-1e  of
15    the  State  Finance  Act  with  respect  to  Governors  State
16    University;  by  Section  25-35  of the Northeastern Illinois
17    University Law and Section 6a-1f of  the  State  Finance  Act
18    with  respect  to  Northeastern  Illinois  University; and by
19    Section 35-35 of the  Western  Illinois  University  Law  and
20    Section  6a-1g  of  the  State  Finance  Act  with respect to
21    Western Illinois University.  On January 1,  1996  all  funds
22    deposited,  retained,  or otherwise held under subsection (a)
23    of this Section with respect to the  universities  listed  in
24    Section  6a  shall  be  transferred,  retained  and  held  as
25    provided  by  the  provisions of law cited in this subsection
26    (d) as superseding the provisions of subsection (a)  of  this
27    Section,  and  in  accordance  with  any  contracts, pledges,
28    trusts, or agreements heretofore made by the Teachers College
29    Board or  the  Board  of  Governors  of  State  Colleges  and
30    Universities,  or  hereafter made by the respective Boards of
31    Trustees of the Universities named in this paragraph (d).
32    (Source: P.A. 89-4, eff. 1-1-96.)

33        (30 ILCS 105/6a-3) (from Ch. 127, par. 142a3)
 
                            -52-     LRB093 08082 NHT 08283 b
 1        Sec. 6a-3. The Board of  Trustees  of  Southern  Illinois
 2    University  at  Carbondale  and  the  Board  of  Trustees  of
 3    Southern  Illinois  University  at Edwardsville may retain in
 4    their treasuries sits treasury (a) all moneys  received  from
 5    the  sale  of  all  bonds  issued under the Southern Illinois
 6    University Revenue Bond Act, (b) all fees, rentals and  other
 7    charges  from  students,  staff  members  and others using or
 8    being served by, or having the right to use or the  right  to
 9    be  served  by,  or to operate any project acquired under the
10    said  Act,  (c)  all  tuition,  registration,  matriculation,
11    health, hospital,  medical,  laboratory,  admission,  student
12    activities,  student  services,  and all other fees collected
13    from students matriculated, registered or otherwise  enrolled
14    at  and  attending  the Universities University pledged under
15    the terms of any resolution authorizing bonds, or authorizing
16    a supplemental allocation of fees for debt service  of  bonds
17    theretofore  issued,  pursuant  to  the said Act, and (d) all
18    rentals from any facility or building acquired under the said
19    Act and leased to the United States of America.
20        The Auditor General shall audit or cause  to  be  audited
21    the   above   items  of  income  and  all  other  income  and
22    expenditures of such institutions institution.
23    (Source: P.A. 76-1337.)

24        (30 ILCS 105/10) (from Ch. 127, par. 146)
25        Sec. 10.  When an appropriation  has  been  made  by  the
26    General  Assembly for the ordinary and contingent expenses of
27    the operation, maintenance and administration of the  several
28    offices,  departments,  institutions, boards, commissions and
29    agencies of the State government, the State Comptroller shall
30    draw his warrant on the State Treasurer for  the  payment  of
31    the  same upon the presentation of itemized vouchers, issued,
32    certified, and approved, as follows:
33        For appropriations to:
 
                            -53-     LRB093 08082 NHT 08283 b
 1             (1)  Elective  State  officers  in   the   executive
 2        Department,   to   be  certified  and  approved  by  such
 3        officers, respectively;
 4             (2)  The Supreme Court, to be certified and approved
 5        by the Chief Justice thereof;
 6             (3)  Appellate Court, to be certified  and  approved
 7        by the Chief Justice of each judicial district;
 8             (4)  The  State Senate, to be certified and approved
 9        by the President;
10             (5)  The House of Representatives, to  be  certified
11        and approved by the Speaker;
12             (6)  The   Auditor  General,  to  be  certified  and
13        approved by the Auditor General;
14             (7)  Clerks of courts, to be certified and  approved
15        by the clerk incurring expenditures;
16             (8)  The  departments under the Civil Administrative
17        Code, to be certified and approved  by  the  Director  or
18        Secretary of the Department;
19             (9)  The  University of Illinois, to be certified by
20        the president and secretary of the Board of  Trustees  of
21        the  University  of  Illinois, with the corporate seal of
22        the University attached thereto;
23             (10)  The State Universities Retirement  System,  to
24        be  certified  to  by  the President and Secretary of the
25        Board of Trustees of the System;
26             (11)  The  Board  of  Trustees  of  Illinois   State
27        University,  to  be  certified  to  by  the president and
28        secretary of that Board of Trustees, with  the  corporate
29        seal of that University attached thereto;
30             (12)  The  Board  of  Trustees  of Northern Illinois
31        University, to be  certified  to  by  the  president  and
32        secretary  of  that Board of Trustees, with the corporate
33        seal of that University attached thereto;
34             (12a)  The  Board  of  Trustees  of  Chicago   State
 
                            -54-     LRB093 08082 NHT 08283 b
 1        University,  certified  to by the president and secretary
 2        of that Board of Trustees, with  the  corporate  seal  of
 3        that University attached thereto;
 4             (12b)  The  Board  of  Trustees  of Eastern Illinois
 5        University, certified to by the president  and  secretary
 6        of  that  Board  of  Trustees, with the corporate seal of
 7        that University attached thereto;
 8             (12c)  The Board  of  Trustees  of  Governors  State
 9        University,  certified  to by the president and secretary
10        of that Board of Trustees, with  the  corporate  seal  of
11        that University attached thereto;
12             (12d)  The   Board   of   Trustees  of  Northeastern
13        Illinois University, certified to by  the  president  and
14        secretary  of  that Board of Trustees, with the corporate
15        seal of that University attached thereto;
16             (12e)  The Board of  Trustees  of  Western  Illinois
17        University,  certified  to by the president and secretary
18        of that Board of Trustees, with  the  corporate  seal  of
19        that University attached thereto;
20             (13)  Southern Illinois University at Carbondale, to
21        be  certified  to  by  the President and Secretary of the
22        Board of Trustees  of  Southern  Illinois  University  at
23        Carbondale,  with  the  corporate  seal of the University
24        attached thereto;
25             (13a)  Southern Illinois University at Edwardsville,
26        to be certified to by the President and Secretary of  the
27        Board  of  Trustees  of  Southern  Illinois University at
28        Edwardsville, with the corporate seal of  the  University
29        attached thereto;
30             (14)  The  Adjutant  General,  to  be  certified and
31        approved by the Adjutant General;
32             (15)  The   Illinois    Legislative    Investigating
33        Commission, to be certified and approved by its Chairman,
34        or  when  it  is organized with Co-Chairmen, by either of
 
                            -55-     LRB093 08082 NHT 08283 b
 1        its Co-Chairmen;
 2             (16)  All other officers,  boards,  commissions  and
 3        agencies  of the State government, certified and approved
 4        by such officer or  by  the  president  or  chairman  and
 5        secretary  or  by  the  executive  officer of such board,
 6        commission or agency;
 7             (17)  Individuals,   to   be   certified   by   such
 8        individuals;
 9             (18)  The    farmers'    institute,    agricultural,
10        livestock, poultry,  scientific,  benevolent,  and  other
11        private   associations,  or  corporations  of  whatsoever
12        nature, to be certified and approved by the president and
13        secretary of such society.
14        Nothing contained in this Section shall be  construed  to
15    amend or modify the "Personnel Code".
16        This Section is subject to Section 9.02.
17    (Source: P.A. 89-4, eff. 1-1-96; 90-372, eff. 7-1-98.)

18        (30 ILCS 105/12-1) (from Ch. 127, par. 148-1)
19        Sec. 12-1. Travel control boards.
20        (a)  The following travel control boards are created with
21    the members and jurisdiction set forth below:
22             (1)  A  Travel  Control  Board is created within the
23        Office of the Attorney General consisting of the Attorney
24        General as chairman and  2  members  of  his  supervisory
25        staff   appointed   by   him.    The   board  shall  have
26        jurisdiction over travel by employees of the office.
27             (2)  A Travel Control Board is  created  within  the
28        Office   of  the  State  Comptroller  consisting  of  the
29        Comptroller as chairman and 2 members of his  supervisory
30        staff   appointed   by   him.    The   board  shall  have
31        jurisdiction over travel by employees of the office.
32             (3)  The Higher Education Travel Control Board shall
33        consist of 12 11  members, one to be appointed by each of
 
                            -56-     LRB093 08082 NHT 08283 b
 1        the following:  the Board of Trustees of  the  University
 2        of  Illinois,  the Board of Trustees of Southern Illinois
 3        University  at  Carbondale,  the  Board  of  Trustees  of
 4        Southern Illinois University at Edwardsville,  the  Board
 5        of  Trustees  of  Chicago  State University, the Board of
 6        Trustees of Eastern Illinois  University,  the  Board  of
 7        Trustees  of  Governors  State  University,  the Board of
 8        Trustees of  Illinois  State  University,  the  Board  of
 9        Trustees  of  Northeastern Illinois University, the Board
10        of Trustees of Northern Illinois University, the Board of
11        Trustees of Western  Illinois  University,  the  Illinois
12        Community  College Board and the Illinois Board of Higher
13        Education.  Each member shall be an  officer,  member  or
14        employee  of  the  board making the appointment, or of an
15        institution governed or maintained by  such  board.   The
16        board shall have jurisdiction over travel by the Board of
17        Higher Education, the Board of Trustees of the University
18        of  Illinois,  the Board of Trustees of Southern Illinois
19        University  at  Carbondale,  the  Board  of  Trustees  of
20        Southern Illinois University at Edwardsville,  the  Board
21        of  Trustees  of  Chicago  State University, the Board of
22        Trustees of Eastern Illinois  University,  the  Board  of
23        Trustees  of  Governors  State  University,  the Board of
24        Trustees of  Illinois  State  University,  the  Board  of
25        Trustees  of  Northeastern Illinois University, the Board
26        of Trustees of Northern Illinois University, the Board of
27        Trustees of Western  Illinois  University,  the  Illinois
28        Community  College  Board, the State Community College of
29        East  St.   Louis,   the   Illinois   State   Scholarship
30        Commission, the State Universities Retirement System, the
31        University  Civil  Service  Merit  Board,  the  Board  of
32        Trustees  of the Illinois Mathematics and Science Academy
33        and all employees of the  named  Boards,  Commission  and
34        System  and of the institutions governed or maintained by
 
                            -57-     LRB093 08082 NHT 08283 b
 1        the named Boards.  The Higher  Education  Travel  Control
 2        Board shall select a chairman from among its members.
 3             (4)  The  Legislative  Travel  Control  Board  shall
 4        consist of the following members serving ex-officio:  The
 5        Auditor  General  as  chairman,  the  President  and  the
 6        Minority  Leader  of  the  Senate and the Speaker and the
 7        Minority Leader of the  House  of  Representatives.   The
 8        board  shall  have  jurisdiction over travel by employees
 9        of:   the  General  Assembly,  legislative   boards   and
10        commissions,  the  Office  of the Auditor General and all
11        legislative agencies.
12             (5)  A Travel Control Board is  created  within  the
13        Office  of  the  Lieutenant  Governor  consisting  of the
14        Lieutenant Governor as chairman  and  2  members  of  his
15        supervisory staff appointed by him.  The board shall have
16        jurisdiction  over travel by employees of the office. The
17        Travel Control Board within the office of the  Lieutenant
18        Governor  is subject to the provisions of Section 405-500
19        of the Department of Central Management Services Law  (20
20        ILCS 405/405-500).
21             (6)  A  Travel  Control  Board is created within the
22        Office of  the  Secretary  of  State  consisting  of  the
23        Secretary  of  State  as  chairman,  and 2 members of his
24        supervisory staff appointed by him.  The board shall have
25        jurisdiction over travel by employees of the office.
26             (7)  A Travel Control Board is  created  within  the
27        Judicial  Branch  consisting  of a chairman and 2 members
28        appointed by the Supreme  Court.  The  board  shall  have
29        jurisdiction  over  travel  by  personnel of the Judicial
30        Branch, except the circuit courts and the judges.
31             (8)  A Travel Control Board  is  created  under  the
32        State   Board  of  Education,  consisting  of  the  State
33        Superintendent of Education as chairman, and 2 members of
34        his supervisory staff appointed by  the  State  Board  of
 
                            -58-     LRB093 08082 NHT 08283 b
 1        Education.  The Board shall have jurisdiction over travel
 2        by employees of the State Board of Education.
 3             (9)  A  Travel  Control  Board is created within the
 4        Office of the State Treasurer, consisting  of  the  State
 5        Treasurer  as  chairman  and 2 members of his supervisory
 6        staff  appointed  by   him.    The   board   shall   have
 7        jurisdiction over travel by employees of the office.
 8             (10)  A  Governor's  Travel Control Board is created
 9        consisting of the Governor ex-officio as chairman, and  2
10        members  appointed  by the Governor. The board shall have
11        jurisdiction over travel by employees and officers of all
12        State agencies as defined in the Illinois State  Auditing
13        Act,  except  for  the following:  judges, members of the
14        General Assembly, elected constitutional officers of  the
15        State,  the  Auditor  General,  and  personnel  under the
16        jurisdiction of another travel control board  created  by
17        statute.
18        (a-5)  The  Commissioner  of  Banks  and Real Estate, the
19    Prisoner Review Board,  and  the  State  Fire  Marshal  shall
20    submit  to  the Governor's Travel Control Board the quarterly
21    reports required by regulation pertaining to their  employees
22    reimbursed for housing.
23        (b)  Each  travel  control  board created by this Section
24    shall meet at the call of the chairman at least quarterly  to
25    review   all  vouchers,  or  a  report  thereof,  for  travel
26    reimbursements involving an exception  to  the  State  Travel
27    Regulations  and  Rates.   Each  travel  control  board shall
28    prescribe the procedures for  submission  of  an  information
29    copy  of  vouchers  involving  an  exception  to  the general
30    provisions established by the State  Travel  Regulations  and
31    Reimbursement Rates.
32        (c)  Any  chairman  or  member  of a travel control board
33    may, with the consent of the respective appointing  official,
34    designate  a  deputy  to  serve  in  his  place at any or all
 
                            -59-     LRB093 08082 NHT 08283 b
 1    meetings of the board.  The designation shall be  in  writing
 2    and directed to the chairman of the board.
 3        (d)  No  member  of  a  travel  control board may receive
 4    additional compensation for his service as a member.
 5        (e)  A report of the travel reimbursement claims reviewed
 6    by each travel  control  board  shall  be  submitted  to  the
 7    Legislative  Audit  Commission at least once each quarter and
 8    that Commission shall comment on  all  such  reports  in  its
 9    annual reports to the General Assembly.
10    (Source: P.A. 90-609, eff. 6-30-98; 91-239, eff. 1-1-00.)

11        (30 ILCS 105/13.2) (from Ch. 127, par. 149.2)
12        Sec. 13.2.  Transfers among line item appropriations.
13        (a)  Transfers  among  line  item appropriations from the
14    same treasury fund for the objects specified in this  Section
15    may  be  made in the manner provided in this Section when the
16    balance  remaining  in   one   or   more   such   line   item
17    appropriations  is insufficient for the purpose for which the
18    appropriation was made.
19        No transfers may be  made  from  one  agency  to  another
20    agency,  nor  may  transfers  be made from one institution of
21    higher education to another institution of higher education.
22    Transfers may be made only among the objects  of  expenditure
23    enumerated  in  this  Section,  except  that  no funds may be
24    transferred from any  appropriation  for  personal  services,
25    from  any  appropriation for State contributions to the State
26    Employees' Retirement System, from any separate appropriation
27    for employee retirement contributions paid by  the  employer,
28    nor   from  any  appropriation  for  State  contribution  for
29    employee group insurance.  Further, if an agency  receives  a
30    separate  appropriation for employee retirement contributions
31    paid by the employer, any transfer by  that  agency  into  an
32    appropriation  for personal services must be accompanied by a
33    corresponding transfer into the  appropriation  for  employee
 
                            -60-     LRB093 08082 NHT 08283 b
 1    retirement  contributions  paid by the employer, in an amount
 2    sufficient  to  meet  the  employer  share  of  the  employee
 3    contributions required  to  be  remitted  to  the  retirement
 4    system.
 5        (b)  In   addition  to  the  general  transfer  authority
 6    provided under subsection (c), the  following  agencies  have
 7    the specific transfer authority granted in this subsection:
 8        The  Illinois  Department  of Public Aid is authorized to
 9    make  transfers  representing  savings  attributable  to  not
10    increasing grants due to the births  of  additional  children
11    from line items for payments of cash grants to line items for
12    payments  for employment and social services for the purposes
13    outlined in subsection (f) of Section  4-2  of  the  Illinois
14    Public Aid Code.
15        The   Department  of  Children  and  Family  Services  is
16    authorized  to  make  transfers  not  exceeding  2%  of   the
17    aggregate  amount appropriated to it within the same treasury
18    fund for the following  line  items  among  these  same  line
19    items:   Foster   Home   and   Specialized  Foster  Care  and
20    Prevention, Institutions and Group Homes and Prevention,  and
21    Purchase of Adoption and Guardianship Services.
22        The  Department  on Aging is authorized to make transfers
23    not exceeding 2% of the aggregate amount appropriated  to  it
24    within  the  same  treasury  fund for the following Community
25    Care  Program  line  items  among  these  same  line   items:
26    Homemaker  and  Senior  Companion Services, Case Coordination
27    Units, and Adult Day Care Services.
28        The State Treasurer is authorized to make transfers among
29    line item appropriations from the  Capital  Litigation  Trust
30    Fund, with respect to costs incurred in fiscal years 2002 and
31    2003  only,  when  the  balance remaining in one or more such
32    line item appropriations is insufficient for the purpose  for
33    which  the  appropriation  was  made,  provided  that no such
34    transfer may be made unless  the  amount  transferred  is  no
 
                            -61-     LRB093 08082 NHT 08283 b
 1    longer  required for the purpose for which that appropriation
 2    was made.
 3        (c)  The sum of such transfers for an agency in a  fiscal
 4    year shall not exceed 2% of the aggregate amount appropriated
 5    to  it  within  the  same  treasury  fund  for  the following
 6    objects: Personal Services; Extra Help;  Student  and  Inmate
 7    Compensation;  State  Contributions  to  Retirement  Systems;
 8    State  Contributions  to  Social Security; State Contribution
 9    for Employee Group Insurance; Contractual  Services;  Travel;
10    Commodities; Printing; Equipment; Electronic Data Processing;
11    Operation   of   Automotive   Equipment;   Telecommunications
12    Services;  Travel  and  Allowance  for Committed, Paroled and
13    Discharged Prisoners; Library Books; Federal Matching  Grants
14    for    Student   Loans;   Refunds;   Workers'   Compensation,
15    Occupational Disease, and Tort Claims; and, in appropriations
16    to institutions  of  higher  education,  Awards  and  Grants.
17    Notwithstanding  the  above,  any  amounts  appropriated  for
18    payment of workers' compensation claims to an agency to which
19    the authority to evaluate, administer and pay such claims has
20    been  delegated  by  the  Department  of  Central  Management
21    Services  may  be transferred to any other expenditure object
22    where such  amounts  exceed  the  amount  necessary  for  the
23    payment of such claims.
24        (c-1)  Special  provisions  for  State  fiscal year 2003.
25    Notwithstanding any other provision of this  Section  to  the
26    contrary,  for  State  fiscal year 2003 only, transfers among
27    line item appropriations to an agency from the same  treasury
28    fund  may be made provided that the sum of such transfers for
29    an agency in State fiscal year 2003 shall not  exceed  3%  of
30    the  aggregate  amount  appropriated to that State agency for
31    State fiscal year 2003 for the  following  objects:  personal
32    services,  except  that  no  transfer  may  be approved which
33    reduces the aggregate appropriations  for  personal  services
34    within   an   agency;   extra   help;   student   and  inmate
 
                            -62-     LRB093 08082 NHT 08283 b
 1    compensation;  State  contributions  to  retirement  systems;
 2    State contributions to social security;  State  contributions
 3    for  employee  group insurance; contractual services; travel;
 4    commodities; printing; equipment; electronic data processing;
 5    operation   of   automotive   equipment;   telecommunications
 6    services; travel and allowance for  committed,  paroled,  and
 7    discharged  prisoners; library books; federal matching grants
 8    for   student   loans;   refunds;   workers'    compensation,
 9    occupational disease, and tort claims; and, in appropriations
10    to institutions of higher education, awards and grants.
11        (d)  Transfers  among  appropriations made to agencies of
12    the  Legislative  and  Judicial  departments   and   to   the
13    constitutionally  elected  officers  in  the Executive branch
14    require the approval of the officer authorized in Section  10
15    of this Act to approve and certify vouchers.  Transfers among
16    appropriations  made  to the University of Illinois, Southern
17    Illinois  University   at   Carbondale,   Southern   Illinois
18    University at Edwardsville, Chicago State University, Eastern
19    Illinois  University,  Governors  State  University, Illinois
20    State University, Northeastern Illinois University,  Northern
21    Illinois   University,   Western   Illinois  University,  the
22    Illinois Mathematics and Science Academy  and  the  Board  of
23    Higher  Education require the approval of the Board of Higher
24    Education and the Governor.  Transfers  among  appropriations
25    to all other agencies require the approval of the Governor.
26        The  officer  responsible for approval shall certify that
27    the transfer is necessary  to  carry  out  the  programs  and
28    purposes  for  which  the  appropriations  were  made  by the
29    General Assembly and shall transmit to the State  Comptroller
30    a  certified  copy  of the approval which shall set forth the
31    specific amounts transferred  so  that  the  Comptroller  may
32    change   his  records  accordingly.   The  Comptroller  shall
33    furnish the Governor with information copies of all transfers
34    approved  for  agencies  of  the  Legislative  and   Judicial
 
                            -63-     LRB093 08082 NHT 08283 b
 1    departments  and  transfers  approved by the constitutionally
 2    elected officials of the  Executive  branch  other  than  the
 3    Governor,  showing the amounts transferred and indicating the
 4    dates such changes were entered on the Comptroller's records.
 5    (Source: P.A. 92-600, eff. 6-28-02; 92-885, eff. 1-13-03.)

 6        Section 85.   The  State  Officers  and  Employees  Money
 7    Disposition Act is amended by changing Section 1 as follows:

 8        (30 ILCS 230/1) (from Ch. 127, par. 170)
 9        Sec.  1.  Application of Act; exemptions. The officers of
10    the Executive Department of the State Government,  the  Clerk
11    of the Supreme Court, the Clerks of the Appellate Courts, the
12    Departments  of  the  State  government  created by the Civil
13    Administrative Code of  Illinois,  and  all  other  officers,
14    boards,      commissions,     commissioners,     departments,
15    institutions, arms or agencies, or agents  of  the  Executive
16    Department  of  the State government except the University of
17    Illinois,  Southern  Illinois   University   at   Carbondale,
18    Southern  Illinois  University at Edwardsville, Chicago State
19    University,  Eastern  Illinois  University,  Governors  State
20    University, Illinois State University, Northeastern  Illinois
21    University,  Northern  Illinois  University, Western Illinois
22    University, the Cooperative Computer Center, and the Board of
23    Trustees of the Illinois Bank Examiners' Education Foundation
24    for moneys collected pursuant to subsection (11)  of  Section
25    48  of  the Illinois Banking Act for purposes of the Illinois
26    Bank Examiners' Education Program are subject  to  this  Act.
27    This  Act  shall not apply, however, to any of the following:
28    (i) the receipt by any such officer  of  federal  funds  made
29    available  under  such  conditions  as  precluded the payment
30    thereof into the State  Treasury,  (ii)  (blank),  (iii)  the
31    Director  of  Insurance  in  his capacity as rehabilitator or
32    liquidator under Article XIII of the Illinois Insurance Code,
 
                            -64-     LRB093 08082 NHT 08283 b
 1    (iv)  funds  received  by  the  Illinois  State   Scholarship
 2    Commission  from  private  firms  employed  by  the  State to
 3    collect delinquent amounts due and owing from a  borrower  on
 4    any  loans  guaranteed  by  such  Commission under the Higher
 5    Education Student Assistance Law or on any  "eligible  loans"
 6    as  that  term  is  defined under the Education Loan Purchase
 7    Program Law, or (v) moneys collected on behalf of lessees  of
 8    facilities  of  the  Department of Agriculture located on the
 9    Illinois State Fairgrounds at Springfield and  DuQuoin.  This
10    Section 1 shall not apply to the receipt of funds required to
11    be  deposited  in  the  Industrial  Project  Fund pursuant to
12    Section 12 of the Disabled Persons Rehabilitation Act.
13    (Source: P.A. 92-850, eff. 8-26-02.)

14        Section 90.  The Public Funds Investment Act  is  amended
15    by changing Section 6 as follows:

16        (30 ILCS 235/6) (from Ch. 85, par. 906)
17        Sec. 6. Report of financial institutions.
18        (a)  No bank shall receive any public funds unless it has
19    furnished  the  corporate  authorities  of  a  public  agency
20    submitting  a  deposit  with  copies  of  the  last two sworn
21    statements of resources and liabilities  which  the  bank  is
22    required  to  furnish  to  the Commissioner of Banks and Real
23    Estate or to the Comptroller  of  the  Currency.   Each  bank
24    designated  as  a  depository  for  public funds shall, while
25    acting as such depository, furnish the corporate  authorities
26    of a public agency with a copy of all statements of resources
27    and  liabilities  which  it  is  required  to  furnish to the
28    Commissioner of Banks and Real Estate or to  the  Comptroller
29    of  the  Currency; provided, that if such funds or moneys are
30    deposited in a bank, the amount  of  all  such  deposits  not
31    collateralized  or  insured  by  an  agency  of  the  federal
32    government  shall  not  exceed  75%  of the capital stock and
 
                            -65-     LRB093 08082 NHT 08283 b
 1    surplus of such bank, and  the  corporate  authorities  of  a
 2    public  agency  submitting  a deposit shall not be discharged
 3    from responsibility for any funds or moneys deposited in  any
 4    bank in excess of such limitation.
 5        (b)  No  savings  bank  or  savings  and loan association
 6    shall receive  public  funds  unless  it  has  furnished  the
 7    corporate authorities of a public agency submitting a deposit
 8    with  copies  of the last 2 sworn statements of resources and
 9    liabilities which  the  savings  bank  or  savings  and  loan
10    association  is  required  to  furnish to the Commissioner of
11    Banks and  Real  Estate  or  the  Federal  Deposit  Insurance
12    Corporation.    Each   savings   bank  or  savings  and  loan
13    association designated  as  a  depository  for  public  funds
14    shall, while acting as such depository, furnish the corporate
15    authorities  of a public agency with a copy of all statements
16    of resources and liabilities which it is required to  furnish
17    to  the  Commissioner of Banks and Real Estate or the Federal
18    Deposit Insurance Corporation; provided, that if  such  funds
19    or moneys are deposited in a savings bank or savings and loan
20    association,   the   amount   of   all   such   deposits  not
21    collateralized  or  insured  by  an  agency  of  the  federal
22    government shall not exceed 75% of  the  net  worth  of  such
23    savings  bank  or  savings and loan association as defined by
24    the Federal Deposit Insurance Corporation, and the  corporate
25    authorities of a public agency submitting a deposit shall not
26    be  discharged  from  responsibility  for any funds or moneys
27    deposited in any savings bank or savings and loan association
28    in excess of such limitation.
29        (c)  No credit union shall receive public funds unless it
30    has furnished the corporate authorities of  a  public  agency
31    submitting  a  share  deposit  with  copies  of  the last two
32    reports of  examination  prepared  by  or  submitted  to  the
33    Illinois Department of Financial Institutions or the National
34    Credit Union Administration.  Each credit union designated as
 
                            -66-     LRB093 08082 NHT 08283 b
 1    a  depository  for  public  funds shall, while acting as such
 2    depository, furnish the corporate  authorities  of  a  public
 3    agency  with a copy of all reports of examination prepared by
 4    or  furnished  to  the  Illinois  Department   of   Financial
 5    Institutions  or  the  National  Credit Union Administration;
 6    provided that if such funds  or  moneys  are  invested  in  a
 7    credit  union account, the amount of all such investments not
 8    collateralized  or  insured  by  an  agency  of  the  federal
 9    government or other approved share insurer shall  not  exceed
10    50%  of  the  unimpaired  capital  and surplus of such credit
11    union, which shall include  shares,  reserves  and  undivided
12    earnings  and  the  corporate  authorities of a public agency
13    making  an  investment   shall   not   be   discharged   from
14    responsibility  for  any funds or moneys invested in a credit
15    union in excess of such limitation.
16        (d)  Whenever a public agency deposits any  public  funds
17    in  a financial institution, the public agency may enter into
18    an agreement with the  financial  institution  requiring  any
19    funds   not   insured   by   the  Federal  Deposit  Insurance
20    Corporation or the National Credit  Union  Administration  or
21    other   approved   share  insurer  to  be  collateralized  by
22    securities, mortgages, letters of credit issued by a  Federal
23    Home  Loan  Bank,  or loans covered by a State Guaranty under
24    the Illinois Farm Development Act in an amount  equal  to  at
25    least   market  value  of  that  amount  of  funds  deposited
26    exceeding the insurance limitation provided  by  the  Federal
27    Deposit  Insurance  Corporation  or the National Credit Union
28    Administration or other approved share insurer.
29        (e)  Paragraphs (a), (b), (c), and (d) of this Section do
30    not apply to the University of  Illinois,  Southern  Illinois
31    University  at  Carbondale,  Southern  Illinois University at
32    Edwardsville,  Chicago  State  University,  Eastern  Illinois
33    University,  Governors  State  University,   Illinois   State
34    University,   Northeastern   Illinois   University,  Northern
 
                            -67-     LRB093 08082 NHT 08283 b
 1    Illinois  University,  Western   Illinois   University,   the
 2    Cooperative Computer Center and public community colleges.
 3    (Source: P.A. 91-324, eff. 1-1-00; 91-773, eff. 6-9-00.)

 4        Section    95.     The   Educational   Institution   Bond
 5    Authorization  Act  is  amended  by  changing  Section  1  as
 6    follows:

 7        (30 ILCS 395/1) (from Ch. 127, par. 307)
 8        Sec. 1. The State of Illinois is authorized to issue  and
 9    sell  and provide for the retirement of bonds of the State of
10    Illinois to the amount of $195,000,000  for  the  purpose  of
11    providing funds in order to relieve overcrowded conditions by
12    making  permanent  improvements  at  educational institutions
13    owned by this State which are  now  under  the  jurisdiction,
14    management  and  control  of  the  Board  of  Trustees of the
15    University of Illinois, the Board  of  Trustees  of  Southern
16    Illinois  University  at Carbondale, the Board of Trustees of
17    Southern Illinois University at Edwardsville,  the  Board  of
18    Trustees  of  Chicago State University, the Board of Trustees
19    of Eastern Illinois University,  the  Board  of  Trustees  of
20    Governors State University, the Board of Trustees of Illinois
21    State  University,  the  Board  of  Trustees  of Northeastern
22    Illinois  University,  the  Board  of  Trustees  of  Northern
23    Illinois University, and the Board  of  Trustees  of  Western
24    Illinois University.
25    (Source: P.A. 89-4, eff. 1-1-96.)

26        Section 100.  The Illinois Procurement Code is amended by
27    changing Sections 1-15.100 and 50-13 as follows:

28        (30 ILCS 500/1-15.100)
29        Sec.  1-15.100.  State  agency.  "State agency" means and
30    includes all  boards,  commissions,  agencies,  institutions,
 
                            -68-     LRB093 08082 NHT 08283 b
 1    authorities,  and  bodies politic and corporate of the State,
 2    created by or in accordance with the constitution or statute,
 3    of the executive branch of State government and does  include
 4    colleges,    universities,   and   institutions   under   the
 5    jurisdiction of the governing boards  of  the  University  of
 6    Illinois,   Southern   Illinois   University  at  Carbondale,
 7    Southern Illinois University at Edwardsville, Illinois  State
 8    University,  Eastern  Illinois  University, Northern Illinois
 9    University,  Western  Illinois  University,   Chicago   State
10    University,  Governor State University, Northeastern Illinois
11    University, and the Board of Higher Education.  However, this
12    term does not apply to public employee retirement systems  or
13    investment  boards  that  are  subject  to  fiduciary  duties
14    imposed  by the Illinois Pension Code or to the University of
15    Illinois Foundation.  "State agency" does not  include  units
16    of  local  government,  school  districts, community colleges
17    under the Public Community  College  Act,  and  the  Illinois
18    Comprehensive Health Insurance Board.
19    (Source: P.A. 90-572, eff. 2-6-98.)

20        (30 ILCS 500/50-13)
21        Sec. 50-13.  Conflicts of interest.
22        (a)  Prohibition.   It is unlawful for any person holding
23    an elective office in this  State,  holding  a  seat  in  the
24    General  Assembly,  or appointed to or employed in any of the
25    offices or agencies of  State  government  and  who  receives
26    compensation  for  such  employment  in  excess of 60% of the
27    salary of the Governor of the State of Illinois, or who is an
28    officer or employee of the Capital Development Board  or  the
29    Illinois  Toll  Highway  Authority,  or  who is the spouse or
30    minor child of  any  such  person  to  have  or  acquire  any
31    contract,  or  any  direct pecuniary interest in any contract
32    therein, whether for  stationery,  printing,  paper,  or  any
33    services,  materials,  or  supplies,  that  will be wholly or
 
                            -69-     LRB093 08082 NHT 08283 b
 1    partially satisfied by the payment of funds  appropriated  by
 2    the  General  Assembly  of  the  State  of Illinois or in any
 3    contract of the Capital Development  Board  or  the  Illinois
 4    Toll Highway Authority.
 5        (b)  Interests.    It   is   unlawful   for   any   firm,
 6    partnership, association, or corporation, in which any person
 7    listed in subsection (a) is entitled to receive (i) more than
 8    7 1/2% of the total distributable income or (ii) an amount in
 9    excess  of the salary of the Governor, to have or acquire any
10    such contract or direct pecuniary interest therein.
11        (c)  Combined interests.  It is unlawful  for  any  firm,
12    partnership, association, or corporation, in which any person
13    listed  in  subsection (a) together with his or her spouse or
14    minor children is entitled to receive (i) more than  15%,  in
15    the  aggregate,  of the total distributable income or (ii) an
16    amount in excess of 2 times the salary of  the  Governor,  to
17    have  or  acquire  any  such  contract  or  direct  pecuniary
18    interest therein.
19        (d)  Securities.  Nothing in this Section invalidates the
20    provisions  of  any bond or other security previously offered
21    or to be offered for sale or sold by  or  for  the  State  of
22    Illinois.
23        (e)  Prior  interests.   This Section does not affect the
24    validity of any  contract  made  between  the  State  and  an
25    officer  or  employee  of  the State or member of the General
26    Assembly, his or her spouse, minor child or  any  combination
27    of those persons if that contract was in existence before his
28    or  her  election  or  employment  as  an officer, member, or
29    employee.  The contract is voidable, however, if it cannot be
30    completed within 365  days  after  the  officer,  member,  or
31    employee takes office or is employed.
32        (f)  Exceptions.
33             (1)  Public  aid  payments.   This  Section does not
34        apply to payments made for a public aid recipient.
 
                            -70-     LRB093 08082 NHT 08283 b
 1             (2)  Teaching.  This Section does  not  apply  to  a
 2        contract  for  personal  services  as a teacher or school
 3        administrator between a member of the General Assembly or
 4        his or her spouse, or a State officer or employee or  his
 5        or  her spouse, and any school district, public community
 6        college district, the University  of  Illinois,  Southern
 7        Illinois  University  at  Carbondale,  Southern  Illinois
 8        University  at  Edwardsville,  Illinois State University,
 9        Eastern   Illinois    University,    Northern    Illinois
10        University,  Western  Illinois  University, Chicago State
11        University, Governor State  University,  or  Northeastern
12        Illinois University.
13             (3)  Ministerial  duties.   This  Section  does  not
14        apply  to  a  contract  for personal services of a wholly
15        ministerial  character,  including  but  not  limited  to
16        services as a laborer, clerk, typist, stenographer, page,
17        bookkeeper,  receptionist,   or   telephone   switchboard
18        operator,  made by a spouse or minor child of an elective
19        or appointive State officer or employee or of a member of
20        the General Assembly.
21             (4)  Child and family services.  This  Section  does
22        not  apply  to  payments  made to a member of the General
23        Assembly, a State officer or employee, his or her  spouse
24        or  minor  child  acting  as  a foster parent, homemaker,
25        advocate, or volunteer for or in behalf  of  a  child  or
26        family  served  by  the Department of Children and Family
27        Services.
28             (5)  Licensed professionals. Contracts with licensed
29        professionals, provided they  are  competitively  bid  or
30        part  of  a reimbursement program for specific, customary
31        goods and services through the Department of Children and
32        Family Services, the Department of  Human  Services,  the
33        Department  of  Public  Aid,  the  Department  of  Public
34        Health, or the Department on Aging.
 
                            -71-     LRB093 08082 NHT 08283 b
 1        (g)  Penalty.  A  person convicted of a violation of this
 2    Section is guilty of a business offense and  shall  be  fined
 3    not less than $1,000 nor more than $5,000.
 4    (Source: P.A. 90-572, eff. 2-6-98.)

 5        Section  105.   The  Business  Enterprise for Minorities,
 6    Females, and Persons with  Disabilities  Act  is  amended  by
 7    changing Section 2 as follows:

 8        (30 ILCS 575/2) (from Ch. 127, par. 132.602)
 9        (Section scheduled to be repealed on September 6, 2004)
10        Sec. 2.  Definitions.
11        (A)  For  the  purpose  of  this Act, the following terms
12    shall have the following definitions:
13        (1)  "Minority person" shall  mean  a  person  who  is  a
14    citizen or lawful permanent resident of the United States and
15    who is:
16             (a)  African  American  (a  person having origins in
17        any of the black racial groups in Africa);
18             (b)  Hispanic (a person  of  Spanish  or  Portuguese
19        culture with origins in Mexico, South or Central America,
20        or the Caribbean Islands, regardless of race);
21             (c)  Asian  American (a person having origins in any
22        of the original peoples of the Far East, Southeast  Asia,
23        the Indian Subcontinent or the Pacific Islands); or
24             (d)  Native  American  or  Alaskan  Native (a person
25        having origins in any of the original  peoples  of  North
26        America).
27        (2)  "Female"  shall  mean  a  person who is a citizen or
28    lawful permanent resident of the United States and who is  of
29    the female gender.
30        (2.05)  "Person  with a disability" means a person who is
31    a citizen or lawful resident of the United States  and  is  a
32    person  qualifying  as being disabled under subdivision (2.1)
 
                            -72-     LRB093 08082 NHT 08283 b
 1    of this subsection (A).
 2        (2.1)  "Disabled"  means  a  severe  physical  or  mental
 3    disability that:
 4        (a)  results from:
 5        amputation,
 6        arthritis,
 7        autism,
 8        blindness,
 9        burn injury,
10        cancer,
11        cerebral palsy,
12        cystic fibrosis,
13        deafness,
14        head injury,
15        heart disease,
16        hemiplegia,
17        hemophilia,
18        respiratory or pulmonary dysfunction,
19        mental retardation,
20        mental illness,
21        multiple sclerosis,
22        muscular dystrophy,
23        musculoskeletal disorders,
24        neurological disorders, including stroke and epilepsy,
25        paraplegia,
26        quadriplegia and other spinal cord conditions,
27        sickle cell anemia,
28        specific learning disabilities, or
29        end stage renal failure disease; and
30        (b)  substantially limits one or  more  of  the  person's
31    major life activities.
32        Another  disability  or  combination  of disabilities may
33    also be considered as a severe disability for the purposes of
34    item (a) of this subdivision (2.1) if it is determined by  an
 
                            -73-     LRB093 08082 NHT 08283 b
 1    evaluation  of rehabilitation potential to cause a comparable
 2    degree of substantial functional limitation  similar  to  the
 3    specific  list  of  disabilities  listed  in item (a) of this
 4    subdivision (2.1).
 5        (3)  "Minority owned business" means a  business  concern
 6    which  is at least 51% owned by one or more minority persons,
 7    or in the case of a corporation, at least 51% of the stock in
 8    which is owned by one  or  more  minority  persons;  and  the
 9    management   and  daily  business  operations  of  which  are
10    controlled by one or more of the minority individuals who own
11    it.
12        (4)  "Female owned business"  means  a  business  concern
13    which  is  at  least 51% owned by one or more females, or, in
14    the case of a corporation, at least 51% of the stock in which
15    is owned by one or more females; and the management and daily
16    business operations of which are controlled by one or more of
17    the females who own it.
18        (4.1)  "Business owned by a  person  with  a  disability"
19    means a business concern that is at least 51% owned by one or
20    more  persons  with a disability and the management and daily
21    business operations of which are controlled by one or more of
22    the persons with disabilities who own it.   A  not-for-profit
23    agency  for  persons  with  disabilities  that is exempt from
24    taxation under Section 501 of the Internal  Revenue  Code  of
25    1986  is also considered a "business owned by a person with a
26    disability".
27        (4.2)  "Council" means the  Business  Enterprise  Council
28    for   Minorities,  Females,  and  Persons  with  Disabilities
29    created under Section 5 of this Act.
30        (5)  "State contracts" shall mean  all  State  contracts,
31    funded  exclusively with State funds which are not subject to
32    federal   reimbursement,   whether   competitively   bid   or
33    negotiated as defined by the Secretary  of  the  Council  and
34    approved by the Council.
 
                            -74-     LRB093 08082 NHT 08283 b
 1        "State  construction contracts" means all State contracts
 2    entered into  by a State agency or State university  for  the
 3    repair,  remodeling, renovation or construction of a building
 4    or structure, or for the construction  or  maintenance  of  a
 5    highway defined in Article 2 of the Illinois Highway Code.
 6        (6)  "State   agencies"   shall   mean  all  departments,
 7    officers,  boards,  commissions,  institutions   and   bodies
 8    politic  and corporate of the State, but does not include the
 9    Board of Trustees of the University of Illinois, the Board of
10    Trustees  of  Southern  Illinois  University,  the  Board  of
11    Trustees of Chicago State University, the Board  of  Trustees
12    of  Eastern  Illinois  University,  the  Board of Trustees of
13    Governors State University, the Board of Trustees of Illinois
14    State University,  the  Board  of  Trustees  of  Northeastern
15    Illinois  University,  the  Board  of  Trustees  of  Northern
16    Illinois   University,  the  Board  of  Trustees  of  Western
17    Illinois   University,   municipalities   or   other    local
18    governmental units, or other State constitutional officers.
19        (7)  "State   universities"   shall  mean  the  Board  of
20    Trustees of the University of Illinois, the Board of Trustees
21    of Southern Illinois University at Carbondale, the  Board  of
22    Trustees of Southern Illinois University at Edwardsville, the
23    Board  of  Trustees of Chicago State University, the Board of
24    Trustees  of  Eastern  Illinois  University,  the  Board   of
25    Trustees of Governors State University, the Board of Trustees
26    of  Illinois  State  University,  the  Board  of  Trustees of
27    Northeastern Illinois University, the Board  of  Trustees  of
28    Northern  Illinois  University,  and the Board of Trustees of
29    Western Illinois University.
30        (8)  "Certification"  means a determination made  by  the
31    Council  or  by  one  delegated authority from the Council to
32    make certifications, or by  a  State  agency  with  statutory
33    authority  to  make  such  a  certification,  that a business
34    entity is a business owned by a minority, female,  or  person
 
                            -75-     LRB093 08082 NHT 08283 b
 1    with a disability for whatever purpose.
 2        (9)  "Control"  means  the exclusive or ultimate and sole
 3    control of  the  business  including,  but  not  limited  to,
 4    capital investment and all other financial matters, property,
 5    acquisitions,    contract    negotiations,   legal   matters,
 6    officer-director-employee selection and comprehensive hiring,
 7    operating responsibilities, cost-control matters, income  and
 8    dividend  matters, financial transactions and rights of other
 9    shareholders  or  joint  partners.  Control  shall  be  real,
10    substantial and continuing,  not  pro  forma.  Control  shall
11    include  the  power  to  direct or cause the direction of the
12    management and policies of  the  business  and  to  make  the
13    day-to-day  as  well as major decisions in matters of policy,
14    management and operations. Control shall  be  exemplified  by
15    possessing  the  requisite knowledge and expertise to run the
16    particular business and  control  shall  not  include  simple
17    majority or absentee ownership.
18        (10)  "Business  concern  or  business"  means a business
19    which has annual gross sales for the most recent fiscal  year
20    of less than $27,000,000, except that a firm with gross sales
21    in  excess  of  that  amount  may  apply  to  the Council for
22    certification for a  particular  contract  if  the  firm  can
23    demonstrate  that  the contract would have significant impact
24    on businesses owned by minorities, females, or  persons  with
25    disabilities  as suppliers or subcontractors or in employment
26    of minorities, females, or persons with disabilities.
27        (B)  When a business concern is owned at least 51% by any
28    combination of minority persons,  females,  or  persons  with
29    disabilities,  even  though none of the 3 classes alone holds
30    at least  a  51%  interest,  the  ownership  requirement  for
31    purposes   of   this  Act  is  considered  to  be  met.   The
32    certification category for the business is that of the  class
33    holding the largest ownership interest in the business.  If 2
34    or   more   classes   have  equal  ownership  interests,  the
 
                            -76-     LRB093 08082 NHT 08283 b
 1    certification category shall be determined by the  Department
 2    of Central Management Services.
 3    (Source: P.A. 92-670, eff. 7-16-02.)

 4        Section  110.   The  Build  Illinois  Act  is  amended by
 5    changing Section 1-3 as follows:

 6        (30 ILCS 750/1-3) (from Ch. 127, par. 2701-3)
 7        Sec. 1-3.  The following agencies, boards and entities of
 8    State government may expend appropriations for  the  purposes
 9    contained  in  this  Act:  Department  of  Natural Resources;
10    Department  of  Agriculture;  Illinois  Development   Finance
11    Authority;   Capital   Development   Board;   Department   of
12    Transportation;  Department  of  Central Management Services;
13    Illinois  Arts  Council;  Environmental  Protection   Agency;
14    Historic   Preservation   Agency;   State   Board  of  Higher
15    Education; the Metropolitan Pier  and  Exposition  Authority;
16    State  Board  of Education; Illinois Community College Board;
17    Board of Trustees of the University  of  Illinois;  Board  of
18    Trustees  of  Chicago  State University; Board of Trustees of
19    Eastern Illinois University; Board of Trustees  of  Governors
20    State   University;  Board  of  Trustees  of  Illinois  State
21    University;  Board  of  Trustees  of  Northeastern   Illinois
22    University;   Board   of   Trustees   of   Northern  Illinois
23    University; Board of Trustees of Western Illinois University;
24    and Board of Trustees  of  Southern  Illinois  University  at
25    Carbondale;  and  Board  of  Trustees  of  Southern  Illinois
26    University at Edwardsville.
27    (Source: P.A. 89-4, eff. 1-1-96; 89-445, eff. 2-7-96.)

28        Section  115.   The  Illinois  Pension Code is amended by
29    changing Sections 15-106 and 24-109 as follows:

30        (40 ILCS 5/15-106) (from Ch. 108 1/2, par. 15-106)
 
                            -77-     LRB093 08082 NHT 08283 b
 1        Sec. 15-106.  Employer.  "Employer":  The  University  of
 2    Illinois,   Southern   Illinois   University  at  Carbondale,
 3    Southern Illinois University at Edwardsville,  Chicago  State
 4    University,  Eastern  Illinois  University,  Governors  State
 5    University,  Illinois State University, Northeastern Illinois
 6    University, Northern Illinois  University,  Western  Illinois
 7    University, the State Board of Higher Education, the Illinois
 8    Mathematics  and Science Academy, the State Geological Survey
 9    Division of the Department of Natural  Resources,  the  State
10    Natural  History Survey Division of the Department of Natural
11    Resources, the State Water Survey Division of the  Department
12    of  Natural  Resources,  the  Waste  Management  and Research
13    Center of the Department of Natural Resources, the University
14    Civil Service Merit Board, the Board of Trustees of the State
15    Universities  Retirement  System,  the   Illinois   Community
16    College  Board,  community college boards, any association of
17    community college boards organized under Section 3-55 of  the
18    Public   Community   College  Act,  the  Board  of  Examiners
19    established under the Illinois Public  Accounting  Act,  and,
20    only  during  the  period  for  which  employer contributions
21    required  under  Section  15-155  are  paid,  the   following
22    organizations:  the  alumni associations, the foundations and
23    the athletic  associations  which  are  affiliated  with  the
24    universities   and  colleges  included  in  this  Section  as
25    employers.  A department as defined in Section  14-103.04  is
26    an  employer  for  any person appointed by the Governor under
27    the  Civil  Administrative  Code  of  Illinois   who   is   a
28    participating  employee  as  defined  in Section 15-109.  The
29    cities of Champaign and Urbana shall be considered employers,
30    but only  during  the  period  for  which  contributions  are
31    required  to be made under subsection (b-1) of Section 15-155
32    and only with respect to individuals described in  subsection
33    (h) of Section 15-107.
34    (Source: P.A. 89-4, eff. 1-1-96; 89-445, eff. 2-7-96; 90-490,
 
                            -78-     LRB093 08082 NHT 08283 b
 1    eff.  8-17-97;  90-511,  eff.  8-22-97; 90-576, eff. 3-31-98;
 2    90-655, eff. 7-30-98.)

 3        (40 ILCS 5/24-109) (from Ch. 108 1/2, par. 24-109)
 4        Sec. 24-109. Football Coaches.
 5        (a)  Any football coach employed by the Board of Trustees
 6    of Chicago State University, the Board of Trustees of Eastern
 7    Illinois University, the Board of Trustees of Governors State
 8    University,  the  Board  of  Trustees   of   Illinois   State
 9    University,  the  Board  of Trustees of Northeastern Illinois
10    University,  the  Board  of  Trustees  of  Northern  Illinois
11    University,  the  Board  of  Trustees  of  Western   Illinois
12    University,  the University of Illinois Board of Trustees, or
13    the Board of Trustees  of  Southern  Illinois  University  at
14    Carbondale,  or  the  Board  of Trustees of Southern Illinois
15    University at Edwardsville  System  Board  of  Trustees,  may
16    participate in the American Football Coaches Retirement Trust
17    in  accordance  with  the  conditions  of that Trust, of this
18    Section, and of applicable federal law.
19        (b)  A football coach who elects to  participate  in  the
20    Trust  may  defer  a  part  of his compensation as a coach by
21    making employee contributions to the Trust.  Amounts deferred
22    by the coach under this Section shall be deemed a part of the
23    coach's compensation for purposes  of  participation  in  the
24    State  Universities Retirement System but, in accordance with
25    the U.S. Internal Revenue Code of 1986, shall not be included
26    in the computation of federal income taxes withheld on behalf
27    of the coach.  The employing institution of higher  education
28    shall  not  make  any  employer contributions to the Trust on
29    behalf of the coach.
30        (c)  A football coach who participates in the  Trust  may
31    not participate in any other program of deferred compensation
32    under  this  Article  during  any  year  in  which  he  makes
33    contributions to the Trust.
 
                            -79-     LRB093 08082 NHT 08283 b
 1        (d)  Participation  in the Trust shall be administered by
 2    the institution of higher education that employs  the  coach.
 3    Each  such  institution  shall report annually to the General
 4    Assembly on the status of the Trust and  participation  under
 5    this Section.
 6        (e)  The  right  to  participate  in  the  Trust  that is
 7    granted by this Section is subject to future limitation,  and
 8    shall not be deemed to be a pension benefit that is protected
 9    from  impairment  under  Section  5  of  Article  XIII of the
10    Illinois Constitution.
11    (Source: P.A. 90-14, eff. 7-1-97.)

12        Section 120.  The Counties Code is  amended  by  changing
13    Section 4-2001 as follows:

14        (55 ILCS 5/4-2001) (from Ch. 34, par. 4-2001)
15        Sec. 4-2001.  State's attorney salaries.
16        (a)  There  shall  be  allowed  to  the  several  state's
17    attorneys  in this State, except the state's attorney of Cook
18    County, the following annual salary:
19             (1)  Subject  to  paragraph  (5),  to  each  state's
20        attorney  in  counties  containing   less   than   10,000
21        inhabitants,  $40,500  until  December  31, 1988, $45,500
22        until June 30, 1994, and $55,500 thereafter or as set  by
23        the Compensation Review Board, whichever is greater.
24             (2)  Subject  to  paragraph  (5),  to  each  state's
25        attorney   in   counties   containing   10,000   or  more
26        inhabitants but less  than  20,000  inhabitants,  $46,500
27        until December 31, 1988, $61,500 until June 30, 1994, and
28        $71,500  thereafter  or as set by the Compensation Review
29        Board, whichever is greater.
30             (3)  Subject  to  paragraph  (5),  to  each  state's
31        attorney in counties containing 20,000 or more  but  less
32        than 30,000 inhabitants, $51,000 until December 31, 1988,
 
                            -80-     LRB093 08082 NHT 08283 b
 1        $65,000 until June 30, 1994, and $75,000 thereafter or as
 2        set  by  the  Compensation  Review  Board,  whichever  is
 3        greater.
 4             (4)  To  each state's attorney in counties of 30,000
 5        or more inhabitants, $65,500  until  December  31,  1988,
 6        $80,000 until June 30, 1994, and $96,837 thereafter or as
 7        set  by  the  Compensation  Review  Board,  whichever  is
 8        greater.
 9             (5)  Effective  December  1,  2000,  to each state's
10        attorney  in  counties  containing  fewer   than   30,000
11        inhabitants,  the  same  salary  plus  any cost of living
12        adjustments as  authorized  by  the  Compensation  Review
13        Board  to  take effect after January 1, 1999, for state's
14        attorneys in counties containing 20,000 or more but fewer
15        than 30,000 inhabitants, or as set  by  the  Compensation
16        Review Board whichever is greater.
17        The  State  shall  furnish  66 2/3%  of  the total annual
18    compensation to be paid to each state's attorney in  Illinois
19    based  on the salary in effect on December 31, 1988, and 100%
20    of the increases in salary taking effect after  December  31,
21    1988.
22        Said  amounts  furnished  by  the  State shall be payable
23    monthly from the state treasury to the county in  which  each
24    state's attorney is elected.
25        Each  county  shall be required to furnish 33 1/3% of the
26    total annual compensation to be paid to each state's attorney
27    in Illinois based on the salary in  effect  on  December  31,
28    1988.
29        (b)  Effective  December 1, 2000, no state's attorney may
30    engage in  the  private  practice  of  law.   However,  until
31    November  30,  2000,  (i)  the  state's attorneys in counties
32    containing fewer than 10,000 inhabitants may  engage  in  the
33    practice  of  law,  and (ii) in any county between 10,000 and
34    30,000 inhabitants or in any county containing 30,000 or more
 
                            -81-     LRB093 08082 NHT 08283 b
 1    inhabitants which reached that population  between  1970  and
 2    December  31,  1981,  the state's attorney may declare his or
 3    her intention to engage in the private practice of  law,  and
 4    may  do so through no later than November 30, 2000, by filing
 5    a written declaration of intent  to  engage  in  the  private
 6    practice  of  law  with the county clerk.  The declaration of
 7    intention shall be irrevocable during the  remainder  of  the
 8    term  of  office.   The  declaration  shall be filed with the
 9    county clerk within 30 days of certification of  election  or
10    appointment,  or  within 60 days of March 15, 1989, whichever
11    is later.  In that event the annual salary  of  such  state's
12    attorney shall be as follows:
13             (1)  In   counties   containing   10,000   or   more
14        inhabitants  but  less  than  20,000 inhabitants, $46,500
15        until December 31, 1988, $51,500 until June 30, 1994, and
16        $61,500 thereafter or as set by the  Compensation  Review
17        Board, whichever is greater. The State shall furnish 100%
18        of the increases taking effect after December 31, 1988.
19             (2)  In   counties   containing   20,000   or   more
20        inhabitants  but  less  than  30,000  inhabitants, and in
21        counties containing  30,000  or  more  inhabitants  which
22        reached  said  population  between  1970 and December 31,
23        1981, $51,500 until December 31, 1988, $56,000 until June
24        30, 1994,  and  $65,000  thereafter  or  as  set  by  the
25        Compensation  Review  Board,  whichever  is greater.  The
26        State shall furnish 100% of the increases  taking  effect
27        after December 31, 1988.
28        (c)  In counties where a state mental health institution,
29    as  hereinafter  defined,  is  located, one assistant state's
30    attorney shall receive for his services, payable monthly from
31    the state treasury to the county in which  he  is  appointed,
32    the following:
33             (1)  To  each assistant state's attorney in counties
34        containing less  than  10,000  inhabitants,  the  sum  of
 
                            -82-     LRB093 08082 NHT 08283 b
 1        $2,500 per annum;
 2             (2)  To  each assistant state's attorney in counties
 3        containing not less than 10,000 inhabitants and not  more
 4        than 20,000 inhabitants, the sum of $3,500 per annum;
 5             (3)  To  each assistant state's attorney in counties
 6        containing not less than 20,000 inhabitants and not  more
 7        than 30,000 inhabitants, the sum of $4,000 per annum;
 8             (4)  To  each assistant state's attorney in counties
 9        containing not less than 30,000 inhabitants and not  more
10        than 40,000 inhabitants, the sum of $4,500 per annum;
11             (5)  To  each assistant state's attorney in counties
12        containing not less than 40,000 inhabitants and not  more
13        than 70,000 inhabitants, the sum of $5,000 per annum;
14             (6)  To  each assistant state's attorney in counties
15        containing not less than 70,000 inhabitants and not  more
16        than 1,000,000 inhabitants, the sum of $6,000 per annum.
17        (d)  The  population  of  all counties for the purpose of
18    fixing salaries as herein provided shall be  based  upon  the
19    last  Federal  census immediately previous to the appointment
20    of an assistant state's attorney in each county.
21        (e)  At the request of the county governing authority, in
22    counties where one or more state  correctional  institutions,
23    as  hereinafter  defined,  are located, one or more assistant
24    state's attorneys shall receive for their services,  provided
25    that such services are performed in connection with the state
26    correctional  institution,  payable  monthly  from  the state
27    treasury to the county  in  which  they  are  appointed,  the
28    following:
29             (1)  $22,000  for each assistant state's attorney in
30        counties with one or more State correctional institutions
31        with a total average daily inmate population in excess of
32        2,000, on the basis of 2 assistant state's attorneys when
33        the total average daily inmate population  exceeds  2,000
34        but is less than 4,000; and 3 assistant state's attorneys
 
                            -83-     LRB093 08082 NHT 08283 b
 1        when such population exceeds 4,000; with reimbursement to
 2        be based on actual services rendered.
 3             (2)  $15,000  per  year  for  one  assistant state's
 4        attorney in counties  having  one  or  more  correctional
 5        institutions with a total average daily inmate population
 6        of  between  750 and 2,000 inmates, with reimbursement to
 7        be based on actual services rendered.
 8             (3)  A maximum of $12,000 per year for one assistant
 9        state's  attorney  in  counties  having  less  than   750
10        inmates,   with  reimbursement  to  be  based  on  actual
11        services rendered.
12             Upon application of the county  governing  authority
13        and  certification  of the State's Attorney, the Director
14        of Corrections may, in  his  discretion  and  subject  to
15        appropriation,    increase    the    amount   of   salary
16        reimbursement  to  a  county   in   the   event   special
17        circumstances  require  the county to incur extraordinary
18        salary expenditures as a result of services performed  in
19        connection  with  State correctional institutions in that
20        county.
21        In determining whether or not to increase the  amount  of
22    salary  reimbursement,  the  Director  shall  consider, among
23    other matters:
24             (1)  the nature of the services rendered;
25             (2)  the results or dispositions obtained;
26             (3)  whether or  not  the  county  was  required  to
27        employ  additional  attorney personnel as a direct result
28        of the services actually rendered in  connection  with  a
29        particular service to a State correctional institution.
30        (f)  In  counties  where  a  State  senior institution of
31    higher education is located, the assistant state's  attorneys
32    specified  by  this Section shall receive for their services,
33    payable monthly from the State  treasury  to  the  county  in
34    which appointed, the following:
 
                            -84-     LRB093 08082 NHT 08283 b
 1             (1)  $14,000  per year each for employment on a full
 2        time basis for 2 assistant state's attorneys in  counties
 3        having  a  State  university  or  State universities with
 4        combined  full  time  enrollment  of  more  than   15,000
 5        students.
 6             (2)  $7,200  per  year  for  one  assistant  state's
 7        attorney with no limitation on other practice in counties
 8        having  a  State  university  or  State universities with
 9        combined  full  time  enrollment  of  10,000  to   15,000
10        students.
11             (3)  $4,000  per  year  for  one  assistant  state's
12        attorney with no limitation on other practice in counties
13        having  a  State  university  or  State universities with
14        combined  full  time  enrollment  of  less  than   10,000
15        students.
16        Such  salaries  shall be paid to the state's attorney and
17    the assistant state's attorney in equal monthly  installments
18    by  such  county out of the county treasury provided that the
19    State of Illinois shall reimburse each  county  monthly  from
20    the  state  treasury the amount of such salary.  This Section
21    shall not prevent the payment of such additional compensation
22    to the state's attorney or assistant state's attorney of  any
23    county, out of the treasury of that county as may be provided
24    by law.
25        (g)  For  purposes  of this Section, "State mental health
26    institution" means any institution under the jurisdiction  of
27    the  Department of Human Services that is listed in Section 4
28    of  the  Mental   Health   and   Developmental   Disabilities
29    Administrative Act.
30        For   purposes   of  this  Section,  "State  correctional
31    institution"  means  any  facility  of  the   Department   of
32    Corrections  including adult facilities, juvenile facilities,
33    pre-release centers, community correction centers,  and  work
34    camps.
 
                            -85-     LRB093 08082 NHT 08283 b
 1        For  purposes  of  this Section, "State university" means
 2    the University of Illinois, Southern Illinois  University  at
 3    Carbondale,  Southern  Illinois  University  at Edwardsville,
 4    Chicago  State  University,  Eastern   Illinois   University,
 5    Governors   State   University,  Illinois  State  University,
 6    Northeastern   Illinois   University,    Northern    Illinois
 7    University,  Western  Illinois  University,  and  any  public
 8    community   college   which  has  established  a  program  of
 9    interinstitutional cooperation  with  one  of  the  foregoing
10    institutions  whereby  a  student, after earning an associate
11    degree from the community college, pursues a course of  study
12    at  the  community  college campus leading to a baccalaureate
13    degree from the foregoing institution (also  known  as  a  "2
14    Plus 2" degree program).
15        (h)  A  number  of  assistant  state's attorneys shall be
16    appointed in each county  that  chooses  to  participate,  as
17    provided   in   this   subsection,  for  the  prosecution  of
18    alcohol-related traffic offenses.  Each county shall  receive
19    monthly a subsidy for payment of the salaries and benefits of
20    these   assistant   state's   attorneys   from   State  funds
21    appropriated to the county for that purpose.  The amounts  of
22    subsidies  provided  by this subsection shall be adjusted for
23    inflation each July 1 using the Consumer Price Index  of  the
24    Bureau of Labor Statistics of the U.S. Department of Labor.
25        When  a  county  chooses  to  participate  in the subsidy
26    program described in  this  subsection  (h),  the  number  of
27    assistant    state's    attorneys    who    are   prosecuting
28    alcohol-related traffic offenses must increase  according  to
29    the  subsidy  provided  in  this subsection.  These appointed
30    assistant state's attorneys shall be in addition to any other
31    assistant state's attorneys assigned to those  cases  on  the
32    effective  date  of  this  amendatory Act of the 91st General
33    Assembly,  and  may  not  replace  those  assistant   state's
34    attorneys.   In  counties  where  the state's attorney is the
 
                            -86-     LRB093 08082 NHT 08283 b
 1    sole prosecutor, this subsidy shall be  used  to  provide  an
 2    assistant   state's  attorney  to  prosecute  alcohol-related
 3    traffic  offenses  along  with  the  state's  attorney.    In
 4    counties  where  the state's attorney is the sole prosecutor,
 5    and in counties where a judge presides over cases involving a
 6    variety of misdemeanors,  including  alcohol-related  traffic
 7    matters, assistant state's attorneys appointed and subsidized
 8    by  this  subsection  (h)  may  also  prosecute the different
 9    misdemeanor cases at the direction of the state's attorney.
10        Assistant state's attorneys shall be appointed under this
11    subsection in the following number and counties shall receive
12    the following annual subsidies:
13             (1)  In counties with fewer than 30,000 inhabitants,
14        one at $35,000.
15             (2)  In counties with 30,000 or more but fewer  than
16        100,000 inhabitants, one at $45,000.
17             (3)  In counties with 100,000 or more but fewer than
18        300,000 inhabitants, 2 at $45,000 each.
19             (4)  In  counties,  other  than  Cook  County,  with
20        300,000 or more inhabitants, 4 at $50,000 each.
21        The  amounts  appropriated  under  this  Section  must be
22    segregated  by  population   classification   and   disbursed
23    monthly.
24        If  in  any year the amount appropriated for the purposes
25    of this subsection (h) is insufficient  to  pay  all  of  the
26    subsidies   specified   in   this   subsection,   the  amount
27    appropriated  shall  first  be  prorated  by  the  population
28    classifications of this subsection (h)  and  then  among  the
29    counties   choosing  to  participate  within  each  of  those
30    classifications.  If any of the appropriated moneys for  each
31    population classification remain at the end of a fiscal year,
32    the remainder of the moneys may be allocated to participating
33    counties  that were not fully funded during the course of the
34    year.  Nothing in this subsection prohibits 2 or more State's
 
                            -87-     LRB093 08082 NHT 08283 b
 1    attorneys from combining their subsidies to appoint  a  joint
 2    assistant   State's  attorney  to  prosecute  alcohol-related
 3    traffic offenses  in  multiple  counties.   Nothing  in  this
 4    subsection  prohibits  a  State's attorney from appointing an
 5    assistant State's attorney by contract or otherwise.
 6    (Source: P.A.  91-273,  eff.  1-1-00;  91-440,  eff.  8-6-99;
 7    91-704, eff. 7-1-00; 92-309, eff. 8-9-01.)

 8        Section 125.  The Municipal Clerk Training Act is amended
 9    by changing Section 2 as follows:

10        (65 ILCS 50/2) (from Ch. 144, par. 61.52)
11        Sec.  2.  There  is  created the Municipal Clerk Training
12    Institute Committee composed of 5 municipal clerks, appointed
13    by the Governor as  provided  herein,  and  10  9  ex-officio
14    members, designated as provided herein, as representatives of
15    public  colleges and universities in this State.  Each member
16    appointed by the Governor after the effective  date  of  this
17    amendatory  Act  of 1987 shall be a certified municipal clerk
18    recommended by the Executive Board of the Municipal Clerks of
19    Illinois and serving as a municipal clerk at the time  he  or
20    she  is  so  recommended  and  appointed.   The  2 additional
21    municipal clerks appointed pursuant to the provisions of this
22    amendatory Act of 1987 both shall be appointed to serve until
23    the third Monday in January, 1992, or until their  successors
24    are  appointed  and  qualified.   Of  the  3 municipal clerks
25    serving as members of the Committee on the effective date  of
26    this   amendatory  Act  of  1987,  they  shall  determine  by
27    agreement or by lot one who shall continue to so serve  until
28    the  third  Monday  in  January,  1989,  a  second  who shall
29    continue to so serve until the third Monday in January, 1990,
30    and a third who shall continue to so serve  until  the  third
31    Monday  in  January,  1991;  provided,  that each shall serve
32    until his or her successor is appointed and qualified.   Each
 
                            -88-     LRB093 08082 NHT 08283 b
 1    successor  of  any  member  appointed  to  the Committee as a
 2    municipal clerk shall be appointed to serve for a 4 year term
 3    expiring on the third Monday in January, or until his or  her
 4    successor  is appointed and qualified.  Any vacancy occurring
 5    in  the  office  of  a  Committee  member  appointed  by  the
 6    Governor, whether by death, resignation or  otherwise,  shall
 7    be   filled   by   appointment   by   the   Governor  from  a
 8    recommendation or recommendations made by the Executive Board
 9    of the Municipal Clerks of Illinois, in the  same  manner  as
10    original  appointments.  A member appointed to fill a vacancy
11    shall serve for the remainder of the unexpired term or  until
12    his  or  her  successor  is  appointed and qualified.  In the
13    event the Governor  refuses  to  appoint  a  municipal  clerk
14    recommended by the Executive Board of the Municipal Clerks of
15    Illinois  to either a full term or, in cases of a vacancy, to
16    the remainder of an unexpired term  on  the  Committee,  such
17    Executive   Board   shall  promptly  recommend  one  or  more
18    additional  qualified  persons  to  the  Governor  for   such
19    appointment.  The terms of the 3 committee members designated
20    by  the  Board  of Trustees of the University of Illinois and
21    serving on the effective date of this amendatory Act of  1987
22    shall  terminate on that effective date, and the 4 ex-officio
23    members  designated  pursuant  to  the  provisions  of   this
24    amendatory  Act  of  1987 shall be designated as follows: one
25    representative of the University of  Illinois  designated  by
26    the  Board of Trustees of that University; one representative
27    of Southern Illinois University at Carbondale  designated  by
28    the  Board of Trustees of that University; one representative
29    designated by the Board of Governors of  State  Colleges  and
30    Universities  of  the several universities and colleges under
31    its governance; and  one  representative  designated  by  the
32    Board  of  Regents  of the several Regency Universities under
33    its jurisdiction.  The terms  of  the  2  ex-officio  members
34    designated  as  representatives  of the Board of Governors of
 
                            -89-     LRB093 08082 NHT 08283 b
 1    State Colleges and Universities  and  the  Board  of  Regents
 2    shall  terminate on the effective date of this amendatory Act
 3    of 1995.  The 2 ex-officio members whose terms are terminated
 4    by this amendatory  Act  of  1995  shall  be  replaced  by  7
 5    additional  ex-officio members, one representing the Board of
 6    Trustees of Chicago State University,  one  representing  the
 7    Board   of  Trustees  of  Eastern  Illinois  University,  one
 8    representing  the  Board  of  Trustees  of  Governors   State
 9    University,   one  representing  the  Board  of  Trustees  of
10    Illinois State University,  one  representing  the  Board  of
11    Trustees    of    Northeastern   Illinois   University,   one
12    representing the  Board  of  Trustees  of  Northern  Illinois
13    University,  and  one  representing  the Board of Trustees of
14    Western  Illinois  University.    One  additional  ex-officio
15    member shall represent the  Board  of  Trustees  of  Southern
16    Illinois  University  at  Edwardsville.    The 109 ex-officio
17    members representing the  public  colleges  and  universities
18    shall  serve in an advisory capacity to the members appointed
19    by the Governor, and each such ex-officio member shall  serve
20    at  the  pleasure  of the governing board designating them to
21    membership on the Committee. Members of the  Committee  shall
22    serve without compensation.
23    (Source: P.A. 89-4, eff. 1-1-96.)

24        Section 130.  The Municipal Tax Compliance Act is amended
25    by changing Section 4 as follows:

26        (65 ILCS 80/4) (from Ch. 24, par. 1554)
27        Sec.  4.   As  used  in this Act, except when the context
28    otherwise requires:
29        (a)  "Public institution of higher education"  means  the
30    University  of  Illinois;  Southern  Illinois  University  at
31    Carbondale;  Southern  Illinois  University  at Edwardsville;
32    Chicago  State  University;  Eastern   Illinois   University;
 
                            -90-     LRB093 08082 NHT 08283 b
 1    Governors   State   University;  Illinois  State  University;
 2    Northeastern   Illinois   University;    Northern    Illinois
 3    University; Western Illinois University; the public community
 4    colleges  of  the  State  and  any other public universities,
 5    colleges and community colleges now or hereafter  established
 6    or authorized by law.
 7        (b)  "Hotel", "operator", "occupancy", "room" or "rooms",
 8    "permanent   resident"  and  "rental"  each  shall  have  the
 9    respective meanings ascribed thereto  by  Section  2  of  The
10    Hotel  Operator's  Occupation  Tax  Act, except that the term
11    "hotel" shall also include dormitories,  student  unions  and
12    student   centers   owned,   leased  or  operated  by  public
13    institutions of higher education.
14        (c)  "Parking spaces" means spaces provided and furnished
15    for persons to park motor vehicles with or without  a  charge
16    by a public institution of higher education under the control
17    of such public institution of higher education.
18        (d)  "Student  performances"  means  theatricals,  shows,
19    motion   picture   shows,  or  live  performances  when  such
20    theatricals, shows, motion picture shows or live performances
21    are sponsored by a public institution of higher education  or
22    a  student organization recognized by a public institution of
23    higher education or in which students enrolled  in  a  public
24    institution  of  higher education constitute more than 50% of
25    the  performers.   Student  performances  shall  not  include
26    performances which take place within the physical  boundaries
27    of a public institution of higher education and are sponsored
28    in  whole  or  in  part  by any individual or business entity
29    which is not  a  student,  a  public  institution  of  higher
30    education,  a  recognized student organization or an employee
31    of said public institution of higher education  or  where  an
32    individual  or  business  entity  rents  or leases a building
33    owned by a public institution of  higher  education  for  the
34    purpose of the staging of such a performance.
 
                            -91-     LRB093 08082 NHT 08283 b
 1        (e)  "Student   athletic  contests"  means  any  athletic
 2    contest sanctioned and performed under the  auspices  of  the
 3    National  Collegiate  Athletic  Association  or  the National
 4    Association of  Intercollegiate  Athletics  or  any  athletic
 5    contest  sanctioned  or  performed  under  the  auspices of a
 6    public institution of higher education as defined herein.
 7    (Source: P.A. 89-4, eff. 1-1-96.)

 8        Section 135.  The Hospital District  Law  is  amended  by
 9    changing Section 15 as follows:

10        (70 ILCS 910/15) (from Ch. 23, par. 1265)
11        Sec.   15.  A   Hospital   District  shall  constitute  a
12    municipal corporation and body  politic  separate  and  apart
13    from  any  other  municipality,  the State of Illinois or any
14    other public  or  governmental  agency  and  shall  have  and
15    exercise  the  following  governmental  powers, and all other
16    powers incidental, necessary,  convenient,  or  desirable  to
17    carry out and effectuate such express powers.
18        1.  To  establish  and  maintain  a hospital and hospital
19    facilities within or outside its  corporate  limits,  and  to
20    construct,  acquire,  develop, expand, extend and improve any
21    such hospital or hospital facility.  If a  Hospital  District
22    utilizes  its  authority to levy a tax pursuant to Section 20
23    of this Act for the purpose of establishing  and  maintaining
24    hospitals  or  hospital  facilities,  such  District shall be
25    prohibited from establishing  and  maintaining  hospitals  or
26    hospital facilities located outside of its district unless so
27    authorized  by  referendum.   To approve the provision of any
28    service and to approve any contract or other arrangement  not
29    prohibited   by   a  hospital  licensed  under  the  Hospital
30    Licensing Act, incorporated under the General  Not-For-Profit
31    Corporation Act, and exempt from taxation under paragraph (3)
32    of  subsection  (c)  of  Section  501 of the Internal Revenue
 
                            -92-     LRB093 08082 NHT 08283 b
 1    Code.
 2        2.  To acquire land in fee simple,  rights  in  land  and
 3    easements  upon,  over or across land and leasehold interests
 4    in land and tangible and intangible personal property used or
 5    useful  for   the   location,   establishment,   maintenance,
 6    development,  expansion, extension or improvement of any such
 7    hospital or hospital facility.  Such acquisition  may  be  by
 8    dedication,  purchase, gift, agreement, lease, use or adverse
 9    possession or by condemnation.
10        3.  To operate, maintain and  manage  such  hospital  and
11    hospital  facility,  and to make and enter into contracts for
12    the use, operation or management of and to provide rules  and
13    regulations  for  the  operation,  management  or use of such
14    hospital or hospital facility.
15        Such contracts may include the lease by the  District  of
16    all  or  any  portion  of  its facilities to a not-for-profit
17    corporation organized by the District's board  of  directors.
18    The rent to be paid pursuant to any such lease shall be in an
19    amount  deemed appropriate by the board of directors.  Any of
20    the remaining assets which are not  the  subject  of  such  a
21    lease  may  be conveyed and transferred to the not-for-profit
22    corporation organized by the District's  board  of  directors
23    provided   that  the  not-for-profit  corporation  agrees  to
24    discharge or assume such debts, liabilities, and  obligations
25    of  the  District  as  determined  to  be  appropriate by the
26    District's board of directors.
27        4.  To  fix,  charge  and  collect  reasonable  fees  and
28    compensation for the use or occupancy of such hospital or any
29    part thereof, or any hospital facility, and for nursing care,
30    medicine, attendance, or other  services  furnished  by  such
31    hospital  or  hospital facilities, according to the rules and
32    regulations prescribed by the board from time to time.
33        5.  To borrow  money  and  to  issue  general  obligation
34    bonds, revenue bonds, notes, certificates, or other evidences
 
                            -93-     LRB093 08082 NHT 08283 b
 1    of  indebtedness  for the purpose of accomplishing any of its
 2    corporate purposes, subject to compliance with any conditions
 3    or limitations set forth in this Act or the Health Facilities
 4    Planning Act or otherwise provided by the constitution of the
 5    State of  Illinois  and  to  execute,  deliver,  and  perform
 6    mortgages and security agreements to secure such borrowing.
 7        6.  To  employ or enter into contracts for the employment
 8    of any person, firm, or  corporation,  and  for  professional
 9    services,  necessary  or  desirable for the accomplishment of
10    the  corporate  objects  of  the  District  or   the   proper
11    administration,  management,  protection  or  control  of its
12    property.
13        7.  To maintain such hospital  for  the  benefit  of  the
14    inhabitants of the area comprising the District who are sick,
15    injured,  or maimed regardless of race, creed, religion, sex,
16    national origin or color, and to adopt such reasonable  rules
17    and  regulations as may be necessary to render the use of the
18    hospital of the greatest benefit to the greatest  number;  to
19    exclude from the use of the hospital all persons who wilfully
20    disregard any of the rules and regulations so established; to
21    extend  the  privileges  and  use  of the hospital to persons
22    residing outside the area of the District upon such terms and
23    conditions as the board of directors prescribes by its  rules
24    and regulations.
25        8.  To  police its property and to exercise police powers
26    in respect thereto or in respect to the  enforcement  of  any
27    rule or regulation provided by the ordinances of the District
28    and  to  employ  and  commission  police  officers  and other
29    qualified persons to enforce the same.
30        The use of any such hospital or hospital  facility  of  a
31    District  shall  be  subject to the reasonable regulation and
32    control of the District and upon such  reasonable  terms  and
33    conditions as shall be established by its board of directors.
34        A  regulatory  ordinance  of a District adopted under any
 
                            -94-     LRB093 08082 NHT 08283 b
 1    provision of this Section may provide  for  a  suspension  or
 2    revocation  of any rights or privileges within the control of
 3    the  District  for  a  violation  of  any   such   regulatory
 4    ordinance.
 5        Nothing  in  this  Section or in other provisions of this
 6    Act shall be construed to authorize the District or board  to
 7    establish  or  enforce  any  regulation or rule in respect to
 8    hospitalization or in the operation or  maintenance  of  such
 9    hospital  or  any hospital facilities within its jurisdiction
10    which is in  conflict  with  any  federal  or  state  law  or
11    regulation applicable to the same subject matter.
12        9.  To  provide  for  the  benefit of its employees group
13    life, health, accident, hospital and  medical  insurance,  or
14    any  combination  of  such types of insurance, and to further
15    provide for its employees by the establishment of  a  pension
16    or retirement plan or system; to effectuate the establishment
17    of  any  such insurance program or pension or retirement plan
18    or system, a  Hospital  District  may  make,  enter  into  or
19    subscribe  to  agreements,  contracts, policies or plans with
20    private insurance  companies.   Such  insurance  may  include
21    provisions  for  employees who rely on treatment by spiritual
22    means alone through prayer for healing  in  accord  with  the
23    tenets   and   practice   of   a   well-recognized  religious
24    denomination.  The board of directors of a Hospital  District
25    may  provide  for payment by the District of a portion of the
26    premium or charge for such insurance  or  for  a  pension  or
27    retirement  plan  for  employees with the employee paying the
28    balance of such premium or charge.  If the board of directors
29    of a Hospital District undertakes a plan  pursuant  to  which
30    the  Hospital  District  pays  a  portion  of such premium or
31    charge, the board  shall  provide  for  the  withholding  and
32    deducting  from the compensation of such employees as consent
33    to joining such insurance program or  pension  or  retirement
34    plan or system, the balance of the premium or charge for such
 
                            -95-     LRB093 08082 NHT 08283 b
 1    insurance or plan or system.
 2        If the board of directors of a Hospital District does not
 3    provide for a program or plan pursuant to which such District
 4    pays  a  portion  of  the  premium  or  charge  for any group
 5    insurance program or pension or retirement  plan  or  system,
 6    the  board may provide for the withholding and deducting from
 7    the compensation of such employees  as  consent  thereto  the
 8    premium  or  charge  for  any  group  life, health, accident,
 9    hospital  and  medical  insurance  or  for  any  pension   or
10    retirement plan or system.
11        A  Hospital  District  deducting from the compensation of
12    its employees for any group insurance program or  pension  or
13    retirement  plan  or  system,  pursuant  to this Section, may
14    agree to receive  and  may  receive  reimbursement  from  the
15    insurance   company   for   the   cost   of  withholding  and
16    transferring such amount to the company.
17        10.  Except as provided  in  Section  15.3,  to  sell  at
18    public  auction  or  by sealed bid and convey any real estate
19    held by  the  District  which  the  board  of  directors,  by
20    ordinance  adopted  by  at least 2/3rds of the members of the
21    board then holding office, has determined  to  be  no  longer
22    necessary  or  useful  to,  or for the best interests of, the
23    District.
24        An ordinance directing the  sale  of  real  estate  shall
25    include the legal description of the real estate, its present
26    use,  a statement that the property is no longer necessary or
27    useful to, or for the best interests of,  the  District,  the
28    terms  and  conditions of the sale, whether the sale is to be
29    at public auction or sealed bid,  and  the  date,  time,  and
30    place  the  property  is to be sold at auction or sealed bids
31    opened.
32        Before making a sale by  virtue  of  the  ordinance,  the
33    board of directors shall cause notice of the proposal to sell
34    to  be  published  once each week for 3 successive weeks in a
 
                            -96-     LRB093 08082 NHT 08283 b
 1    newspaper published, or,  if  none  is  published,  having  a
 2    general  circulation,  in the district, the first publication
 3    to be not less than 30 days before the day  provided  in  the
 4    notice  for  the  public sale or opening of bids for the real
 5    estate.
 6        The notice of the proposal to sell shall include the same
 7    information included in the ordinance directing the sale  and
 8    shall  advertise  for  bids  therefor.  A sale of property by
 9    public auction shall be held at the property to be sold at  a
10    time  and  date  determined  by  the board of directors.  The
11    board of directors may accept the high bid or any  other  bid
12    determined  to  be in the best interests of the district by a
13    vote of 2/3rds of the board then holding  office,  but  by  a
14    majority  vote  of  those holding office, they may reject any
15    and all bids.
16        The chairman and secretary  of  the  board  of  directors
17    shall  execute  all documents necessary for the conveyance of
18    such real property sold pursuant to the foregoing authority.
19        11.  To establish and administer a program of  loans  for
20    postsecondary  students pursuing degrees in accredited public
21    health-related educational programs at public institutions of
22    higher education.  If  a  student  is  awarded  a  loan,  the
23    individual  shall  agree  to  accept  employment  within  the
24    hospital district upon graduation from the public institution
25    of  higher  education.  For the purposes of this Act, "public
26    institutions of higher education"  means  the  University  of
27    Illinois;   Southern   Illinois   University  at  Carbondale;
28    Southern Illinois University at Edwardsville;  Chicago  State
29    University;  Eastern  Illinois  University;  Governors  State
30    University;  Illinois State University; Northeastern Illinois
31    University; Northern Illinois  University;  Western  Illinois
32    University;  the  public community colleges of the State; and
33    any other public colleges, universities or community colleges
34    now or hereafter established or  authorized  by  the  General
 
                            -97-     LRB093 08082 NHT 08283 b
 1    Assembly.    The  district's  board  of  directors  shall  by
 2    resolution  provide  for  eligibility   requirements,   award
 3    criteria, terms of financing, duration of employment accepted
 4    within  the  district  and  such  other  aspects  of the loan
 5    program  as  its   establishment   and   administration   may
 6    necessitate.
 7        12.  To  establish and maintain congregate housing units;
 8    to acquire land in fee simple and leasehold interests in land
 9    for the location, establishment, maintenance, and development
10    of those  housing  units;  to  borrow  funds  and  give  debt
11    instruments, real estate mortgages, and security interests in
12    personal  property, contract rights, and general intangibles;
13    and to enter into any contract required for participation  in
14    any federal or State programs.
15    (Source: P.A. 92-534, eff. 5-14-02; 92-611, eff. 7-3-02.)

16        Section  140.   The  School  Code  is amended by changing
17    Sections 30-13, 30-15.25, 30-16.4, and 30-16.6 as follows:

18        (105 ILCS 5/30-13) (from Ch. 122, par. 30-13)
19        Sec. 30-13.  The scholarships issued under Sections  30-9
20    through  30-12  of this Article may be used at the University
21    of Illinois,  Southern  Illinois  University  at  Carbondale,
22    Southern  Illinois  University at Edwardsville, Chicago State
23    University,  Eastern  Illinois  University,  Governors  State
24    University, Illinois State University, Northeastern  Illinois
25    University,   Northern   Illinois   University,  and  Western
26    Illinois University as provided  in  those  sections.  Unless
27    otherwise  indicated,  these scholarships shall be good for a
28    period of not more than 4 years while enrolled for  residence
29    credit  and  shall  exempt  the  holder  from  the payment of
30    tuition, or any matriculation, graduation, activity, term  or
31    incidental  fee,  except  any  portion  of a multipurpose fee
32    which is used for  a  purpose  for  which  exemption  is  not
 
                            -98-     LRB093 08082 NHT 08283 b
 1    granted  under  this Section.  Exemption shall not be granted
 2    from  any  other  fees,  including  book   rental,   service,
 3    laboratory,  supply,  union  building,  hospital  and medical
 4    insurance fees and any fees established for the operation and
 5    maintenance of buildings, the income of which is  pledged  to
 6    the  payment of interest and principal on bonds issued by the
 7    governing board of any university or community college.
 8        Any  student  who  has  been  or  shall  be   awarded   a
 9    scholarship shall be reimbursed by the appropriate university
10    or  community  college for any fees which he has paid and for
11    which exemption is granted under this Section, if application
12    for such reimbursement is made within 2 months following  the
13    school term for which the fees were paid.
14        The  holder  of  a  scholarship  shall  be subject to all
15    examinations, rules and requirements  of  the  university  or
16    community  college  in  which he is enrolled except as herein
17    directed.
18        This article does not prohibit the Board of  Trustees  of
19    the University of Illinois, the Board of Trustees of Southern
20    Illinois  University  at Carbondale, the Board of Trustees of
21    Southern Illinois University at Edwardsville,  the  Board  of
22    Trustees  of  Chicago State University, the Board of Trustees
23    of Eastern Illinois University,  the  Board  of  Trustees  of
24    Governors State University, the Board of Trustees of Illinois
25    State  University,  the  Board  of  Trustees  of Northeastern
26    Illinois  University,  the  Board  of  Trustees  of  Northern
27    Illinois University, and the Board  of  Trustees  of  Western
28    Illinois  University  the  Board  of  Regents  of the Regency
29    Universities System and  the  Board  of  Governors  of  State
30    Colleges  and  Universities  for the institutions under their
31    respective jurisdictions from granting other scholarships.
32    (Source: P.A. 88-228; 89-4, eff. 1-1-96.)

33        (105 ILCS 5/30-15.25) (from Ch. 122, par. 30-15.25)
 
                            -99-     LRB093 08082 NHT 08283 b
 1        Sec. 30-15.25.  (a) As used in  this  Section,  the  term
 2    "public   institution  of  higher  education"  includes:  the
 3    University  of  Illinois;  Southern  Illinois  University  at
 4    Carbondale; Southern  Illinois  University  at  Edwardsville;
 5    Chicago   State   University;  Eastern  Illinois  University;
 6    Governors  State  University;  Illinois   State   University;
 7    Northeastern    Illinois    University;   Northern   Illinois
 8    University; Western Illinois University; the public community
 9    colleges of the State; and  any  other  public  universities,
10    colleges  and community colleges now or hereafter established
11    or authorized by the General Assembly.  The  term  "nonpublic
12    institution  of  higher  education"  includes any educational
13    organization in this State, other than a  public  institution
14    of higher education, which provides a minimum of an organized
15    2  year program at the private junior college level or higher
16    and which operates  not-for-profit  and  in  conformity  with
17    standards   substantially   equivalent  to  those  of  public
18    institutions of higher education.
19        (b)  Each public institution of  higher  education  shall
20    disclose the terms, restrictions and requirements attached to
21    or  made a part of any endowment, gift, grant, contract award
22    or property of any kind or value in excess of  $100,000  made
23    to  such  institution,  or  to any school, college, division,
24    branch or other organizational entity  within  or  forming  a
25    part  of  such  institution,  by  a  foreign government or an
26    individual who is neither a citizen nor  a  resident  of  the
27    United  States,  in  any  calendar  or  fiscal  year.  If the
28    foreign government or individual donates more than  one  gift
29    in  any calendar or fiscal year, and the total value of those
30    gifts exceeds $100,000, such institution shall report all the
31    gifts received. This subsection shall not apply to funds that
32    public institutions of higher education receive  from  grants
33    and  contracts  through  either the federal government or the
34    State of Illinois.
 
                            -100-    LRB093 08082 NHT 08283 b
 1        (c)  The provisions of  this  subsection  apply  to  each
 2    nonpublic institution of higher education: (i) which receives
 3    any  grant  or  award under the Illinois Financial Assistance
 4    Act for Nonpublic Institutions of Higher  Learning  or  under
 5    the  Higher  Education  Cooperation  Act,  or (ii) which is a
 6    participant in a program  of  interinstitutional  cooperation
 7    administered   by   a  not-for-profit  organization  that  is
 8    organized  to  administer  such  program  under  the   Higher
 9    Education  Cooperation  Act and that receives any grant under
10    and in furtherance of the purposes  of  that  Act,  or  (iii)
11    which  receives  any  grant  or  distribution of grant moneys
12    appropriated from the State Treasury or any fund  therein  to
13    such  institution  or  to  the  Board of Higher Education for
14    distribution to nonpublic institutions  of  higher  education
15    for  purposes  of Section 4 of the Build Illinois Bond Act or
16    for any other purpose  authorized  by  law.   Each  nonpublic
17    institution  of  higher  education to which the provisions of
18    this subsection apply shall disclose the terms,  restrictions
19    and requirements attached to or made a part of any endowment,
20    gift,  grant, contract award or property of any kind or value
21    in excess of  $250,000 made to such institution,  or  to  any
22    school,  college,  division,  branch  or other organizational
23    entity within or forming a part of  such  institution,  by  a
24    foreign  government or an individual who is neither a citizen
25    nor a resident of the  United  States,  in  any  calendar  or
26    fiscal year.  If the foreign government or individual donates
27    more  than  one  gift in any calendar or fiscal year, and the
28    total value of those gifts exceeds $250,000, such institution
29    shall report all the gifts received.
30        (d)  Such information shall be forwarded to the  Attorney
31    General  no  later  than  30 days after the final day of each
32    calendar or fiscal year of such institution,  whichever  type
33    of  year  is  used  by  the institution in accounting for the
34    gifts  received  for  the  purposes  of  this  Section.   The
 
                            -101-    LRB093 08082 NHT 08283 b
 1    information shall include:
 2             (1)  the name of the foreign government in the  case
 3        of  a  gift  by  a government, or the name of the foreign
 4        country of which an individual donor is a citizen, in the
 5        case of a gift by an individual;
 6             (2)  the amount and the date of the contribution  or
 7        contributions;
 8             (3)  when  the  gift  is  conditional,  matching  or
 9        designated  for a particular purpose, full details of the
10        conditions, matching provisions or designation; and
11             (4)  the  purpose  or   purposes   for   which   the
12        contribution will be used.
13        Such information shall be a matter of public record.
14    (Source: P.A. 89-4, eff. 1-1-96.)

15        (105 ILCS 5/30-16.4) (from Ch. 122, par. 30-16.4)
16        Sec.  30-16.4.   Privileges  Conferred.  The scholarships
17    issued under Sections 30-16.1 through 30-16.6, inclusive,  of
18    this   Article,   may   be  used  at  those  State  supported
19    universities  where  there  are  provided  Reserve  Officer's
20    Training Corps programs of the several Armed Services over  a
21    period  during  which  the eligible recipient is eligible for
22    enrollment in  the  program.   The  scholarships  exempt  the
23    holder  from  the  payment  of tuition, or any matriculation,
24    graduation, activity, term  or  incidental  fee,  except  any
25    portion  of  a  multi-purpose fee which is used for a purpose
26    for which  exemption  is  not  granted  under  this  Section.
27    Exemption  may  not  be  granted for any other fees including
28    book rental, service,  laboratory,  supply,  Union  Building,
29    hospital  and medical insurance fees and any fees established
30    for the operation and maintenance of buildings, the income of
31    which is pledged to the payment of interest and principal, or
32    bonds issued by the governing board of the universities.
33        Any student who has been  or  is  awarded  a  scholarship
 
                            -102-    LRB093 08082 NHT 08283 b
 1    shall  be  reimbursed  by  the appropriate university for any
 2    fees which he has paid and for  which  exemption  is  granted
 3    under  this Section, if application for such reimbursement is
 4    made within 2 months following the school term for which  the
 5    fees were paid.
 6        The   holder   of   a   scholarship  is  subject  to  all
 7    examinations, rules and requirements  of  the  university  in
 8    which he is enrolled, except as herein directed.
 9        The  provisions  of  Sections  30-16.1 through 30-16.6 of
10    this Act do  not  prohibit  the  Board  of  Trustees  of  the
11    University  of  Illinois,  the  Board of Trustees of Southern
12    Illinois University at Carbondale, the Board of  Trustees  of
13    Southern  Illinois  University  at Edwardsville, the Board of
14    Trustees of Chicago State University, the Board  of  Trustees
15    of  Eastern  Illinois  University,  the  Board of Trustees of
16    Governors State University, the Board of Trustees of Illinois
17    State University,  the  Board  of  Trustees  of  Northeastern
18    Illinois  University,  the  Board  of  Trustees  of  Northern
19    Illinois  University,  and  the  Board of Trustees of Western
20    Illinois University from granting other scholarships.
21    (Source: P.A. 89-4, eff. 1-1-96.)

22        (105 ILCS 5/30-16.6) (from Ch. 122, par. 30-16.6)
23        Sec.  30-16.6.   Registration  of  eligible   recipients;
24    examination.  The  president or chairman of the board of each
25    private junior college or public community college,  and  the
26    President  of  each  University  in which a Reserve Officer's
27    Training Corps program is available, or  some  individual  or
28    committee  designated  by  such  person,  shall  receive  and
29    register  the  names  of all eligible recipients applying for
30    the scholarships set forth in  Section  30-16.3.   Applicants
31    shall  take  an  examination each year according to the rules
32    prescribed jointly by the  President  of  the  University  of
33    Illinois,  the  President  of Southern Illinois University at
 
                            -103-    LRB093 08082 NHT 08283 b
 1    Carbondale, the President of Southern Illinois University  at
 2    Edwardsville,  the President of Chicago State University, the
 3    President of Eastern Illinois University,  the  President  of
 4    Governors  State  University, the President of Illinois State
 5    University,   the   President   of   Northeastern    Illinois
 6    University,  the  President  of Northern Illinois University,
 7    and  the  President  of  Western  Illinois  University.   The
 8    scholarships shall be awarded  on  a  merit  basis  to  those
 9    eligible   recipients   receiving  the  highest  grades  with
10    evidence  of  leadership   ability,   and   the   number   of
11    scholarships to be awarded in any institution shall be as set
12    forth in Section 30-16.3.
13    (Source: P.A. 89-4, eff. 1-1-96.)

14        Section 145.  The Illinois Peace Corps Fellowship Program
15    Law is amended by changing Section 2-3 as follows:

16        (105 ILCS 30/2-3) (from Ch. 122, par. 2003)
17        Sec.   2-3.  Program   description.   The  University  of
18    Illinois,  Southern  Illinois   University   at   Carbondale,
19    Southern  Illinois  University at Edwardsville, Chicago State
20    University,  Eastern  Illinois  University,  Governors  State
21    University, Illinois State University, Northeastern  Illinois
22    University,   Northern   Illinois   University,  and  Western
23    Illinois University the  several  universities  and  colleges
24    under  the  governance  of  the  Board  of Governors of State
25    Colleges  and   Universities,   and   the   several   Regency
26    Universities  under  the jurisdiction of the Board of Regents
27    are hereby authorized to become participants in the  Illinois
28    Peace  Corps  Fellowship  Program.   Any  such  participating
29    public  institution  of  higher  education  may  conduct  and
30    administer  this  program  to  augment the number of Illinois
31    public school teachers by bringing  the  teaching  skills  of
32    recently  returned  United  States  Peace Corps volunteers to
 
                            -104-    LRB093 08082 NHT 08283 b
 1    those  school  districts,  including  the  school   districts
 2    situated  within the City of Chicago and the City of East St.
 3    Louis or any other school district designated  by  the  State
 4    Board  of  Education, which enter into cooperative agreements
 5    required for implementation of the program.   In  designating
 6    such  school  districts,  the  State  Board  of Education may
 7    consider districts that have a high  proportion  of  drop-out
 8    students,  a  high  percentage  of  minority students, a high
 9    proportion of low income families  and  high  truancy  rates.
10    The  program  shall  utilize  former United State Peace Corps
11    volunteers with  two  years  of  Peace  Corps  experience  by
12    placing  them  in the designated cooperating school districts
13    as full time teachers or teacher aides.  In return for making
14    a two-year commitment to  teaching  and  being  placed  in  a
15    full-time  salaried  teacher  aide  or  certificated teaching
16    position  at  a  public  school  located  in   a   designated
17    cooperating school district, the former Peace Corps volunteer
18    may  be  awarded  a  fellowship  to  the participating public
19    institution of higher education to complete (in the  case  of
20    teacher  aides  who  are  not  yet  certificated) the courses
21    required for issuance of a teaching certificate under Article
22    21 of The School Code, or to pursue a master's degree program
23    in education.  The fellowships may consist of tuition waivers
24    applicable toward  enrollment  at  the  participating  public
25    institution  of higher education to complete required courses
26    for teacher certification and to  pursue  a  master's  degree
27    program  in  education; and the award of such tuition waivers
28    may be supported by funds and grants made  available  to  the
29    participating  university  or universities through private or
30    public sources.  A participating university may also consider
31    an authorization under which all  fellowship  recipients  are
32    allowed  to  pay  in-state  tuition  rates while enrolled for
33    credit in a master's degree program.
34        An annual salary for the fellowship recipient to teach in
 
                            -105-    LRB093 08082 NHT 08283 b
 1    a designated school district for a period of two years may be
 2    provided by the designated  cooperating  school  district  at
 3    which the fellowship recipient shall teach, and may be set at
 4    an  amount  equal  to  that  paid  to other teacher aides and
 5    certificated teachers in a comparable position.
 6    (Source: P.A. 86-1467.)

 7        Section 150.  The Conservation Education Act  is  amended
 8    by changing Section 1 as follows:

 9        (105 ILCS 415/1) (from Ch. 122, par. 698.1)
10        Sec. 1. Definitions: as used in this Act:
11             (a)  "State  agency"  means the Board of Trustees of
12        the University of Illinois,  the  Board  of  Trustees  of
13        Southern  Illinois University at Carbondale, the Board of
14        Trustees of Southern Illinois University at Edwardsville,
15        the Board of Trustees of Chicago  State  University,  the
16        Board  of  Trustees  of  Eastern Illinois University, the
17        Board of Trustees  of  Governors  State  University,  the
18        Board  of  Trustees  of Northeastern Illinois University,
19        the Board of Trustees  of  Western  Illinois  University,
20        boards  of  education  and  boards of directors of public
21        schools, elected State officers and  departments,  boards
22        and commissions and other agencies of State government.
23             (b)  "School"  means any school or class established
24        by this Act.
25    (Source: P.A. 89-4, eff. 1-1-96.)

26        Section 155.  The Campus  Demonstrations  Policy  Act  is
27    amended by changing Section 1 as follows:

28        (110 ILCS 10/1) (from Ch. 144, par. 225)
29        Sec. 1.  For the purposes of this Act:
30        (a)  "State-supported  institution  of  higher  learning"
 
                            -106-    LRB093 08082 NHT 08283 b
 1    means   the   University   of   Illinois,  Southern  Illinois
 2    University at Carbondale,  Southern  Illinois  University  at
 3    Edwardsville,  Chicago  State  University,  Eastern  Illinois
 4    University,   Governors   State  University,  Illinois  State
 5    University,  Northeastern   Illinois   University,   Northern
 6    Illinois  University,  Western  Illinois  University, and the
 7    public community colleges subject  to  the  Public  Community
 8    College Act.
 9        (b)  "Policy on Demonstrations" means an outline of rules
10    and  regulations  to  maintain  order  on  the  campus  of an
11    institution of higher learning  in  this  State  which  gives
12    special  attention  to  firmness,  to insuring that the civil
13    rights of others are not infringed and to establishment of  a
14    step  by  step approach to secure the reasonable operation of
15    university or college activities in case  of  any  disruptive
16    activity.
17    (Source: P.A. 89-4, eff. 1-1-96.)

18        Section  160.   The  College  Student Immunization Act is
19    amended by changing Section 1 as follows:

20        (110 ILCS 20/1) (from Ch. 144, par. 2601)
21        Sec. 1.  Definitions.  For the purposes of this Act:
22        (a)  "Department" means the Illinois Department of Public
23    Health.
24        (b)  "Post-secondary  educational  institution"  means  a
25    public or private college or university offering degrees  and
26    instruction  above  the high school level, and shall include,
27    but not be limited to,  any  and  all  private  colleges  and
28    universities,  the  University of Illinois, Southern Illinois
29    University at Carbondale,  Southern  Illinois  University  at
30    Edwardsville,  Chicago  State  University,  Eastern  Illinois
31    University,   Governors   State  University,  Illinois  State
32    University,  Northeastern   Illinois   University,   Northern
 
                            -107-    LRB093 08082 NHT 08283 b
 1    Illinois  University,  Western  Illinois  University, and any
 2    other public  university  now  or  hereafter  established  or
 3    authorized   by   the   General   Assembly;   except  that  a
 4    post-secondary  educational  institution  does  not  mean  or
 5    include any  public  college  or  university  that  does  not
 6    provide  on-campus housing for its students in dormitories or
 7    equivalent  facilities  that   are   owned,   operated,   and
 8    maintained by the public college or university.
 9        The  term  shall not include any public or private junior
10    or community college, or any institution offering degrees and
11    instruction which utilizes correspondence as its primary mode
12    of student instruction.
13    (Source: P.A. 88-651, eff. 9-16-94; 89-4, eff. 1-1-96.)

14        Section 165.  The Nonresident  College  Trustees  Act  is
15    amended by changing Section 1 as follows:

16        (110 ILCS 60/1) (from Ch. 144, par. 7)
17        Sec.  1.  (a)  In  all  colleges,  universities and other
18    institutions of learning in the State of Illinois, not placed
19    under the control of the  officers  of  this  State,  whether
20    organized  under any general or special law, non-residents of
21    this State shall  be  eligible  to  the  office  of  trustee;
22    provided, that at least 3 members of the board of trustees of
23    any  such  institution of learning shall be residents of this
24    State.  This subsection (a) does not apply to  the  Board  of
25    Trustees  of  the  University  of Illinois, Southern Illinois
26    University at Carbondale,  Southern  Illinois  University  at
27    Edwardsville,  Chicago  State  University,  Eastern  Illinois
28    University,   Governors   State  University,  Illinois  State
29    University,  Northeastern   Illinois   University,   Northern
30    Illinois University, or Western Illinois University.
31        (b)  No  institution  of  learning in this State shall be
32    removed from this State unless by a  unanimous  vote  of  the
 
                            -108-    LRB093 08082 NHT 08283 b
 1    board of trustees.
 2    (Source: P.A. 91-798, eff. 7-9-00.)

 3        Section  170.   The Public University Energy Conservation
 4    Act is amended by changing Section 5-5 as follows:

 5        (110 ILCS 62/5-5)
 6        Sec. 5-5.  Public university.  "Public university"  means
 7    any of the the following institutions of higher learning: the
 8    University  of  Illinois,  Southern  Illinois  University  at
 9    Carbondale,  Southern  Illinois  University  at Edwardsville,
10    Northern Illinois University,  Eastern  Illinois  University,
11    Western    Illinois    University,    Northeastern   Illinois
12    University,  Chicago  State   University,   Governors   State
13    University, or Illinois State University, acting in each case
14    through  its  board of trustees or through a designee of that
15    board.
16    (Source: P.A. 90-486, eff. 8-17-97; 91-357, eff. 7-29-99.)

17        Section 175.  The Public University Tuition Statement Act
18    is amended by changing Sections 10 as follows:

19        (110 ILCS 63/10)
20        Sec. 10.  Definition.  In this Act,  "public  university"
21    means and includes Chicago State University, Eastern Illinois
22    University,   Governors   State  University,  Illinois  State
23    University,  Northeastern   Illinois   University,   Northern
24    Illinois   University,   Southern   Illinois   University  at
25    Carbondale, Southern  Illinois  University  at  Edwardsville,
26    Western  Illinois University, the University of Illinois, and
27    any other public university established or authorized by  the
28    General Assembly.
29    (Source: P.A. 91-185, eff. 7-20-99.)
 
                            -109-    LRB093 08082 NHT 08283 b
 1        Section 180.  The State Universities Civil Service Act is
 2    amended  by  changing  Sections  36b,  36c, 36e, and 36g-1 as
 3    follows:

 4        (110 ILCS 70/36b) (from Ch. 24 1/2, par. 38b1)
 5        Sec. 36b. Creation.
 6        (1)  A classified civil service system to be known as the
 7    State Universities Civil Service System  is  hereby  created,
 8    and is hereinafter referred to as the University System.
 9        (2)  The purpose of the University System is to establish
10    a  sound program of personnel administration for the Illinois
11    Community College Board, State Community College of East  St.
12    Louis,  Southern  Illinois University at Carbondale, Southern
13    Illinois   University   at   Edwardsville,   Chicago    State
14    University,  Eastern  Illinois  University,  Governors  State
15    University,  Illinois State University, Northeastern Illinois
16    University, Northern Illinois  University,  Western  Illinois
17    University,  University of Illinois, State Universities Civil
18    Service System, State  Universities  Retirement  System,  the
19    State   Scholarship  Commission,  and  the  Board  of  Higher
20    Education. All certificates, appointments and  promotions  to
21    positions  in  these  agencies and institutions shall be made
22    solely on the basis of merit and fitness, to  be  ascertained
23    by examination, except as specified in Section 36e.
24        (3)  The  State Universities Civil Service System  hereby
25    created shall be a separate entity of the State  of  Illinois
26    and  shall be under the control of a Board to be known as the
27    University Civil Service  Merit  Board,  and  is  hereinafter
28    referred to as the Merit Board.
29    (Source: P.A. 89-4, eff. 1-1-96.)

30        (110 ILCS 70/36c) (from Ch. 24 1/2, par. 38b2)
31        Sec.  36c.  The  merit  board.  The  Merit Board shall be
32    composed of 12 11 members, 3 of whom shall be members of  the
 
                            -110-    LRB093 08082 NHT 08283 b
 1    Board  of Trustees of the University of Illinois, one of whom
 2    shall be a member  of  the  Board  of  Trustees  of  Southern
 3    Illinois  University  at  Carbondale,  one of whom shall be a
 4    member  of  the  Board  of  Trustees  of  Southern   Illinois
 5    University  at Edwardsville, one of whom shall be a member of
 6    the Board of Trustees of Chicago  State  University,  one  of
 7    whom  shall  be  a member of the Board of Trustees of Eastern
 8    Illinois University, one of whom shall be  a  member  of  the
 9    Board  of Trustees of Governors State University, one of whom
10    shall be a member of the Board of Trustees of Illinois  State
11    University,  one  of  whom  shall be a member of the Board of
12    Trustees of Northeastern Illinois  University,  one  of  whom
13    shall  be  a  member  of  the  Board  of Trustees of Northern
14    Illinois University, and one of whom shall be a member of the
15    Board of Trustees of Western Illinois University.  The 7  new
16    members  required  to  be elected to the Merit Board by their
17    respective Boards of Trustees shall  replace  the  2  persons
18    who, until the effective date of this amendatory Act of 1995,
19    served  as  members of the Merit Board elected from the Board
20    of Governors of State Colleges and Universities and the Board
21    of Regents; and the terms of the members elected to the Merit
22    Board from the Board  of  Governors  of  State  Colleges  and
23    Universities  and the Board of Regents shall terminate on the
24    effective date of this amendatory Act of 1995. The members of
25    the Merit Board shall be elected by the respective Boards  in
26    which  they  hold  membership  and  they  shall  serve at the
27    pleasure of the electing Boards.
28        All members  of  the  Merit  Board  shall  serve  without
29    compensation  but  shall  be  reimbursed  for  any  traveling
30    expenses incurred in attending meetings of the Merit Board.
31        The  Merit Board shall determine the number necessary for
32    a quorum, elect its own chairman  and  set  up  an  Executive
33    Committee  of  its  own  members  which shall have all of the
34    powers of the Merit Board except  as  limited  by  the  Merit
 
                            -111-    LRB093 08082 NHT 08283 b
 1    Board.
 2        The  Merit Board shall cause to be elected a committee of
 3    not less than eleven members to be made up of  Civil  Service
 4    Employees,  six  of  whom  shall be nominated by and from the
 5    Civil Service Employees of the University of Illinois and one
 6    of whom shall be nominated by  and  from  the  Civil  Service
 7    Employees  of  each  of  the  other institutions specified in
 8    Section 36e, who will function in an advisory capacity to the
 9    Merit Board on  all  matters  pertaining  to  the  University
10    System. This Advisory Committee shall meet at least quarterly
11    and  members  of  the  Committee shall be reimbursed by their
12    respective employers for time lost from work and for expenses
13    incurred in attending meetings of the Committee.
14    (Source: P.A. 89-4, eff. 1-1-96.)

15        (110 ILCS 70/36e) (from Ch. 24 1/2, par. 38b4)
16        Sec.  36e.   Coverage.  All  employees  of  the  Illinois
17    Community College Board, State Community College of East  St.
18    Louis,  Southern  Illinois University at Carbondale, Southern
19    Illinois   University   at   Edwardsville,   Chicago    State
20    University,  Eastern  Illinois  University,  Governors  State
21    University,  Illinois State University, Northeastern Illinois
22    University, Northern Illinois  University,  Western  Illinois
23    University,  University of Illinois, State Universities Civil
24    Service System, State  Universities  Retirement  System,  the
25    State   Scholarship  Commission,  and  the  Board  of  Higher
26    Education,  shall  be  covered  by  the   University   System
27    described  in  Sections  36b  to 36q, inclusive, of this Act,
28    except the following persons:
29        (1)  The members and officers of the Merit Board and  the
30    board  of trustees, and the commissioners of the institutions
31    and agencies covered hereunder;
32        (2)  The   presidents   and   vice-presidents   of   each
33    educational institution;
 
                            -112-    LRB093 08082 NHT 08283 b
 1        (3)  Other principal  administrative  employees  of  each
 2    institution and agency as determined by the Merit Board;
 3        (4)  The  teaching,  research  and extension faculties of
 4    each institution and agency;
 5        (5)  Students employed  under  rules  prescribed  by  the
 6    Merit Board, without examination or certification.
 7    (Source: P.A. 89-4, eff. 1-1-96.)

 8        (110 ILCS 70/36g-1) (from Ch. 24 1/2, par. 38b6.1)
 9        Sec.  36g-1.  Active  military  service.  Any employee of
10    State Community College of East St. Louis, Southern  Illinois
11    University  at  Carbondale,  Southern  Illinois University at
12    Edwardsville, the  University  of  Illinois,  any  university
13    under  the  jurisdiction  of  the  Board  of  Regents, or any
14    college or university under the jurisdiction of the Board  of
15    Governors  of State Colleges and Universities who is a member
16    of any reserve component of the United States Armed Services,
17    including the Illinois National Guard, and who  is  mobilized
18    to  active  military  duty  on  or  after August 1, 1990 as a
19    result of an order of the President  of  the  United  States,
20    shall  for  each  pay  period beginning on or after August 1,
21    1990 continue to receive the same regular  compensation  that
22    he   receives  or  was  receiving  as  an  employee  of  that
23    educational institution at the time he is or was so mobilized
24    to active military duty, plus any health insurance and  other
25    benefits  he  is  or  was receiving or accruing at that time,
26    minus the amount of his base pay for  military  service,  for
27    the duration of his active military service.
28        In  the  event  any  provision of a collective bargaining
29    agreement  or  any  policy  of  the  educational  institution
30    covering any employee so  ordered  to  active  duty  is  more
31    generous  than the provisions contained in this Section, that
32    collective  bargaining   agreement   or   policy   shall   be
33    controlling.
 
                            -113-    LRB093 08082 NHT 08283 b
 1    (Source: P.A. 87-631.)

 2        Section  185.  The University - Building Authority Leased
 3    Lands Act is amended by changing the title and Sections 1 and
 4    2 as follows:

 5        (110 ILCS 85/Act title)
 6        An Act relating to land leased from the Illinois Building
 7    Authority  by  the  respective  Boards  of  Trustees  of  the
 8    University  of  Illinois,  Southern  Illinois  University  at
 9    Carbondale, Southern  Illinois  University  at  Edwardsville,
10    Chicago   State   University,  Eastern  Illinois  University,
11    Governors  State  University,  Illinois   State   University,
12    Northeastern    Illinois    University,   Northern   Illinois
13    University, and Western Illinois University.

14        (110 ILCS 85/1) (from Ch. 144, par. 70.11)
15        Sec. 1.  The Board  of  Trustees  of  the  University  of
16    Illinois,   the   Board  of  Trustees  of  Southern  Illinois
17    University at Carbondale, the Board of Trustees  of  Southern
18    Illinois University at Edwardsville, the Board of Trustees of
19    Chicago  State  University,  the Board of Trustees of Eastern
20    Illinois University, the Board of Trustees of Governors State
21    University,  the  Board  of  Trustees   of   Illinois   State
22    University,  the  Board  of Trustees of Northeastern Illinois
23    University,  the  Board  of  Trustees  of  Northern  Illinois
24    University, and the Board of  Trustees  of  Western  Illinois
25    University,  may  construct,  complete, remodel, maintain and
26    equip buildings and other facilities, with funds available to
27    them from any  source,  upon  land  heretofore  or  hereafter
28    leased by them from the Illinois Building Authority.
29    (Source: P.A. 89-4, eff. 1-1-96.)

30        (110 ILCS 85/2) (from Ch. 144, par. 70.12)
 
                            -114-    LRB093 08082 NHT 08283 b
 1        Sec.  2.  Expenditures  by  the  Board of Trustees of the
 2    University of Illinois, the Board  of  Trustees  of  Southern
 3    Illinois  University  at Carbondale, the Board of Trustees of
 4    Southern Illinois University at Edwardsville,  the  Board  of
 5    Trustees  of  Chicago State University, the Board of Trustees
 6    of Eastern Illinois University,  the  Board  of  Trustees  of
 7    Governors State University, the Board of Trustees of Illinois
 8    State  University,  the  Board  of  Trustees  of Northeastern
 9    Illinois  University,  the  Board  of  Trustees  of  Northern
10    Illinois University, and the Board  of  Trustees  of  Western
11    Illinois   University   for   the  construction,  completion,
12    remodeling, maintenance and equipment of buildings and  other
13    facilities  are  not  subject  to  any law requiring that the
14    State be vested with absolute fee title to the  premises,  if
15    those  expenditures  are  made  in  connection  with and upon
16    premises owned by the Illinois Building Authority.
17    (Source: P.A. 89-4, eff. 1-1-96.)

18        Section 190.  The University Employees Custodial Accounts
19    Act is amended by changing Section 1 as follows:

20        (110 ILCS 95/1) (from Ch. 144, par. 1701)
21        Sec. 1.  As used in this Act:
22        "The governing board of any public institution of  higher
23    education"  means  the Board of Trustees of the University of
24    Illinois,  the  Board  of  Trustees  of   Southern   Illinois
25    University  at  Carbondale, the Board of Trustees of Southern
26    Illinois University at Edwardsville, the Board of Trustees of
27    Chicago State University, the Board of  Trustees  of  Eastern
28    Illinois University, the Board of Trustees of Governors State
29    University,   the   Board   of  Trustees  of  Illinois  State
30    University, the Board of Trustees  of  Northeastern  Illinois
31    University,  the  Board  of  Trustees  of  Northern  Illinois
32    University,   the  Board  of  Trustees  of  Western  Illinois
 
                            -115-    LRB093 08082 NHT 08283 b
 1    University and the Illinois Community College Board.
 2        "Eligible   employees"   means   employees   of    public
 3    institutions  of  higher  education who qualify for favorable
 4    tax treatment under Section  403b  of  the  Internal  Revenue
 5    Code.
 6    (Source: P.A. 89-4, eff. 1-1-96.)

 7        Section   195.    The  University  Faculty  Research  and
 8    Consulting Act is amended by changing Section 2 as follows:

 9        (110 ILCS 100/2) (from Ch. 144, par. 217)
10        Sec. 2.  For the purposes of this Act,
11        (a)  "State-supported  institution  of  higher  learning"
12    includes  the  University  of  Illinois,  Southern   Illinois
13    University  at  Carbondale,  Southern  Illinois University at
14    Edwardsville,  Chicago  State  University,  Eastern  Illinois
15    University,  Governors  State  University,   Illinois   State
16    University,   Northeastern   Illinois   University,  Northern
17    Illinois University,  Western  Illinois  University  and  all
18    public community colleges; and
19        (b)  "Contract"  includes  any  grant  made by any person
20    (individual  or  corporate),   partnership,   foundation   or
21    association,  other than federal, State or local governments,
22    for the performance of research or consulting services  by  a
23    member  of  the  faculty  of a State-supported institution of
24    higher learning. The term does not include a  scholarship  or
25    grant for study or research required for a graduate degree or
26    the improvement of existing skills without any services to be
27    rendered  for  the  grantor or donor of such a scholarship or
28    grant.
29    (Source: P.A. 89-4, eff. 1-1-96.)

30        Section 200.  The University Religious Observances Act is
31    amended by changing Section 1 as follows:
 
                            -116-    LRB093 08082 NHT 08283 b
 1        (110 ILCS 110/1) (from Ch. 144, par. 2101)
 2        Sec. 1.  A public institution of higher  education  shall
 3    adopt  a  policy  which reasonably accommodates the religious
 4    observance of individual students in  regard  to  admissions,
 5    class attendance, and the scheduling of examinations and work
 6    requirements.    This   policy   shall  include  a  grievance
 7    procedure by which a student who believes that he or she  has
 8    been unreasonably denied an educational benefit due to his or
 9    her  religious  belief  or  practices may seek redress.  Such
10    policy shall be made known to faculty and  students  annually
11    by  inclusion  in the institution's handbook, manual or other
12    similar document regularly provided to faculty and  students.
13    For  the  purposes of this Section (a) "public institution of
14    higher education" means the University of Illinois,  Southern
15    Illinois   University   at   Carbondale,   Southern  Illinois
16    University at Edwardsville, Chicago State University, Eastern
17    Illinois University,  Governors  State  University,  Illinois
18    State  University, Northeastern Illinois University, Northern
19    Illinois University, Western Illinois University, the  public
20    community   colleges  of  the  State  and  any  other  public
21    universities,  colleges  and  community   colleges   now   or
22    hereafter  established or authorized by the General Assembly;
23    and  (b)  "religious  observance"  or  "religious   practice"
24    includes all aspects of religious observance and practice, as
25    well as belief.
26    (Source: P.A. 89-4, eff. 1-1-96.)

27        Section  205.   The  Board  of  Higher  Education  Act is
28    amended by changing Sections 1, 7, 8, 9.11, 9.29, and  10  as
29    follows:

30        (110 ILCS 205/1) (from Ch. 144, par. 181)
31        Sec.  1.   The  following  terms  shall have the meanings
32    respectively prescribed for them,  except  when  the  context
 
                            -117-    LRB093 08082 NHT 08283 b
 1    otherwise requires:
 2        (a)  "Public   institutions  of  higher  education":  The
 3    University  of  Illinois;  Southern  Illinois  University  at
 4    Carbondale; Southern  Illinois  University  at  Edwardsville;
 5    Chicago   State   University;  Eastern  Illinois  University;
 6    Governors  State  University;  Illinois   State   University;
 7    Northeastern    Illinois    University;   Northern   Illinois
 8    University; Western Illinois University; the public community
 9    colleges of the State  and  any  other  public  universities,
10    colleges  and community colleges now or hereafter established
11    or authorized by the General Assembly.
12        (b)  "Board": The Board of Higher  Education  created  by
13    this Act.
14        (c)  "Engineering college" has the meaning ascribed to it
15    in the Professional Engineering Practice Act of 1989.
16    (Source: P.A. 89-4, eff. 1-1-96.)

17        (110 ILCS 205/7) (from Ch. 144, par. 187)
18        Sec.  7.  The  Board  of  Trustees  of  the University of
19    Illinois,  the  Board  of  Trustees  of   Southern   Illinois
20    University  at  Carbondale, the Board of Trustees of Southern
21    Illinois University at Edwardsville, the Board of Trustees of
22    Chicago State University, the Board of  Trustees  of  Eastern
23    Illinois University, the Board of Trustees of Governors State
24    University,   the   Board   of  Trustees  of  Illinois  State
25    University, the Board of Trustees  of  Northeastern  Illinois
26    University,  the  Board  of  Trustees  of  Northern  Illinois
27    University,   the  Board  of  Trustees  of  Western  Illinois
28    University, the Illinois  Community  College  Board  and  the
29    campuses  under  their  governance  or  supervision shall not
30    hereafter undertake the establishment  of  any  new  unit  of
31    instruction,  research or public service without the approval
32    of the Board. The term "new unit of instruction, research  or
33    public  service"  includes  the  establishment  of a college,
 
                            -118-    LRB093 08082 NHT 08283 b
 1    school, division, institute, department or other unit in  any
 2    field   of   instruction,  research  or  public  service  not
 3    theretofore included in the program of the  institution,  and
 4    includes  the  establishment of any new branch or campus. The
 5    term does not include reasonable and moderate  extensions  of
 6    existing  curricula,  research,  or  public  service programs
 7    which have a direct relationship to  existing  programs;  and
 8    the  Board  may,  under  its  rule  making  power, define the
 9    character of such reasonable and moderate extensions.
10        Such governing boards  shall  submit  to  the  Board  all
11    proposals  for a new unit of instruction, research, or public
12    service. The Board may approve or disapprove the proposal  in
13    whole or in part or approve modifications thereof whenever in
14    its judgment such action is consistent with the objectives of
15    an existing or proposed master plan of higher education.
16        The  Board  of  Higher  Education is authorized to review
17    periodically all existing programs of  instruction,  research
18    and public service at the state universities and colleges and
19    to   advise   the   appropriate   board  of  control  if  the
20    contribution  of  each  program  is  not  educationally   and
21    economically justified.
22    (Source: P.A. 89-4, eff. 1-1-96.)

23        (110 ILCS 205/8) (from Ch. 144, par. 188)
24        Sec.  8.  The  Board  of  Trustees  of  the University of
25    Illinois,  the  Board  of  Trustees  of   Southern   Illinois
26    University  at  Carbondale, the Board of Trustees of Southern
27    Illinois University at Edwardsville, the Board of Trustees of
28    Chicago State University, the Board of  Trustees  of  Eastern
29    Illinois University, the Board of Trustees of Governors State
30    University,   the   Board   of  Trustees  of  Illinois  State
31    University, the Board of Trustees  of  Northeastern  Illinois
32    University,  the  Board  of  Trustees  of  Northern  Illinois
33    University,   the  Board  of  Trustees  of  Western  Illinois
 
                            -119-    LRB093 08082 NHT 08283 b
 1    University, and the Illinois Community  College  Board  shall
 2    submit  to  the Board not later than the 15th day of November
 3    of each year its  budget  proposals  for  the  operation  and
 4    capital  needs  of  the  institutions under its governance or
 5    supervision for the ensuing fiscal year. Each budget proposal
 6    shall conform to the procedures developed by the Board in the
 7    design of an information system for  State  universities  and
 8    colleges.
 9        In   order  to  maintain  a  cohesive  system  of  higher
10    education, the Board and its staff  shall  communicate  on  a
11    regular  basis  with  all public university presidents.  They
12    shall meet at least  semiannually  to  achieve  economies  of
13    scale  where  possible  and  provide  the most innovative and
14    efficient programs and services.
15        The Board, in the  analysis  of  formulating  the  annual
16    budget  request,  shall consider rates of tuition and fees at
17    the state universities and colleges.  The  Board  shall  also
18    consider  the  current and projected utilization of the total
19    physical plant of each campus of a university or  college  in
20    approving   the  capital  budget  for  any  new  building  or
21    facility.
22        The  Board  of  Higher  Education  shall  submit  to  the
23    Governor, to the General Assembly,  and  to  the  appropriate
24    budget  agencies  of  the  Governor  and General Assembly its
25    analysis and recommendations on such budget proposals.
26        Each state supported institution within  the  application
27    of  this Act must submit its plan for capital improvements of
28    non-instructional facilities to the Board for approval before
29    final commitments  are  made.  Non-instructional  uses  shall
30    include  but  not be limited to dormitories, union buildings,
31    field houses,  stadium,  other  recreational  facilities  and
32    parking  lots.  The  Board shall determine whether or not any
33    project submitted for approval is consistent with the  master
34    plan  for  higher  education and with instructional buildings
 
                            -120-    LRB093 08082 NHT 08283 b
 1    that are provided for therein. If the project is found  by  a
 2    majority  of  the  Board  not  to be consistent, such capital
 3    improvement shall not be constructed.
 4    (Source: P.A. 89-4, eff. 1-1-96.)

 5        (110 ILCS 205/9.11) (from Ch. 144, par. 189.11)
 6        Sec. 9.11. Effective January  1,  1980,  to  require  the
 7    preparation  of  an  annual  capital  plan  which details the
 8    proposed budget year and 3-year 3 year capital needs  of  the
 9    Board of Trustees of the University of Illinois, the Board of
10    Trustees  of  Southern Illinois University at Carbondale, the
11    Board  of  Trustees  of  Southern  Illinois   University   at
12    Edwardsville,   the   Board  of  Trustees  of  Chicago  State
13    University,  the  Board  of  Trustees  of  Eastern   Illinois
14    University,   the   Board  of  Trustees  of  Governors  State
15    University,  the  Board  of  Trustees   of   Illinois   State
16    University,  the  Board  of Trustees of Northeastern Illinois
17    University,  the  Board  of  Trustees  of  Northern  Illinois
18    University, and the Board of  Trustees  of  Western  Illinois
19    University.  Such  plan  shall detail capital expenditures to
20    finance revenue producing facilities through the issuance  of
21    revenue  bonds.  This  plan shall detail each project and the
22    project cost  in  current  dollar  amounts.  The  plan  shall
23    contain  the  appropriate detail for the proposed budget year
24    and the 3-year 3 year plan which will  justify  the  projects
25    ability  to  meet: the debt service requirements by producing
26    sufficient   revenue,   life   expectancy   and   maintenance
27    requirements. Such annual capital plans shall be submitted to
28    the Illinois Economic and Fiscal  Commission  no  later  than
29    March 15th of each year.
30    (Source: P.A. 89-4, eff. 1-1-96.)

31        (110 ILCS 205/9.29)
32        Sec.  9.29.  Tuition and fee waiver report.  The Board of
 
                            -121-    LRB093 08082 NHT 08283 b
 1    Higher   Education   shall   annually   compile   information
 2    concerning tuition and fee waivers and tuition and fee waiver
 3    programs that has been provided by the Boards of Trustees  of
 4    the  University  of Illinois, Southern Illinois University at
 5    Carbondale, Southern  Illinois  University  at  Edwardsville,
 6    Chicago   State   University,  Eastern  Illinois  University,
 7    Governors  State  University,  Illinois   State   University,
 8    Northeastern    Illinois    University,   Northern   Illinois
 9    University, and Western Illinois University and shall  report
10    its  findings  and recommendations concerning tuition and fee
11    waivers and tuition and fee waiver programs  to  the  General
12    Assembly  by  filing  copies  of its report by December 31 of
13    each year as provided in Section 3.1 of the General  Assembly
14    Organization Act.
15    (Source: P.A. 92-51, eff. 1-1-02.)

16        (110 ILCS 205/10) (from Ch. 144, par. 190)
17        Sec.  10.  The  Board  of  Trustees  of the University of
18    Illinois,  the  Board  of  Trustees  of   Southern   Illinois
19    University  at  Carbondale, the Board of Trustees of Southern
20    Illinois University at Edwardsville, the Board of Trustees of
21    Chicago State University, the Board of  Trustees  of  Eastern
22    Illinois University, the Board of Trustees of Governors State
23    University,   the   Board   of  Trustees  of  Illinois  State
24    University, the Board of Trustees  of  Northeastern  Illinois
25    University,  the  Board  of  Trustees  of  Northern  Illinois
26    University,   the  Board  of  Trustees  of  Western  Illinois
27    University, and the Illinois Community  College  Board  shall
28    retain  all  the  powers  and  duties  heretofore  given  and
29    conferred  upon  them  by statute, except insofar as they are
30    limited by the powers and duties delegated to  the  Board  of
31    Higher Education by this Act.
32        Nothing,  however,  in  this  Act  shall  be construed to
33    prevent  individual  state  universities  and  colleges  from
 
                            -122-    LRB093 08082 NHT 08283 b
 1    establishing higher minimum admission requirements and higher
 2    minimum  admission  requirements  may  be   established   for
 3    out-of-state students than for Illinois residents.
 4    (Source: P.A. 89-4, eff. 1-1-96.)

 5        Section  210.   The  Higher  Education Cooperation Act is
 6    amended by changing Section 2 as follows:

 7        (110 ILCS 220/2) (from Ch. 144, par. 282)
 8        Sec.  2.  As  used  in  this  Act,  unless  the   context
 9    otherwise requires:
10        "Board" means the Board of Higher Education;
11        "Nonpublic  institution  of  higher  education"  means an
12    educational organization, other than a public institution  of
13    higher  education, which provides a minimum of an organized 2
14    year program at the private junior college  level  or  higher
15    and  which  operates  not-for-profit  and  in conformity with
16    standards substantially equivalent to  those  of  the  public
17    institutions of higher education;
18        "Public   institution  of  higher  education"  means  the
19    University  of  Illinois,  Southern  Illinois  University  at
20    Carbondale, Southern  Illinois  University  at  Edwardsville,
21    Chicago   State   University,  Eastern  Illinois  University,
22    Governors  State  University,  Illinois   State   University,
23    Northeastern    Illinois    University,   Northern   Illinois
24    University, Western Illinois University, the public community
25    colleges of this State, and any  other  public  universities,
26    colleges  and community colleges now or hereafter established
27    or authorized by the General Assembly.
28    (Source: P.A. 89-4, eff. 1-1-96.)

29        Section 215.  The Illinois Cooperative Work Study Program
30    Act is amended by changing Section 2 as follows:
 
                            -123-    LRB093 08082 NHT 08283 b
 1        (110 ILCS 225/2) (from Ch. 144, par. 2952)
 2        Sec. 2.  Definitions.  In this Act:
 3        "Board" means the Illinois Board of Higher Education.
 4        "Nonpublic institution  of  higher  education"  means  an
 5    educational  organization, other than a public institution of
 6    higher education, that provides a minimum of an  organized  2
 7    year  program  at  the private junior college level or higher
 8    and that operates in conformity with standards  substantially
 9    equivalent  to  those  of  the  public institutions of higher
10    education.
11        "Public  institution  of  higher  education"  means   the
12    University  of  Illinois,  Southern  Illinois  University  at
13    Carbondale,  Southern  Illinois  University  at Edwardsville,
14    Chicago  State  University,  Eastern   Illinois   University,
15    Governors   State   University,  Illinois  State  University,
16    Northeastern   Illinois   University,    Northern    Illinois
17    University, Western Illinois University, the public community
18    colleges  of  this  State, and any other public universities,
19    colleges and community colleges now or hereafter  established
20    or authorized by the General Assembly.
21        "Cooperative  work  study"  means an academically related
22    work and study experience with business, industry, government
23    or other agencies and organizations.  Cooperative work  study
24    may  include,  but  is  not  limited  to, summer internships,
25    clinical placements, internships and work experiences  during
26    the academic year.
27    (Source: P.A. 89-4, eff. 1-1-96.)

28        Section  220.   The University of Illinois Act is amended
29    by changing Sections 7f and 8a as follows:

30        (110 ILCS 305/7f) (from Ch. 144, par. 28f)
31        Sec. 7f.  Partial tuition waivers.
32        (a)  As  used  in  this  Section,  "Illinois  college  or
 
                            -124-    LRB093 08082 NHT 08283 b
 1    university" means any of the following:   the  University  of
 2    Illinois,   Southern   Illinois   University  at  Carbondale,
 3    Southern Illinois University at Edwardsville,  Chicago  State
 4    University,  Eastern  Illinois  University,  Governors  State
 5    University,  Illinois State University, Northeastern Illinois
 6    University,  Northern  Illinois   University,   and   Western
 7    Illinois University.
 8        (b)  Each year the Board of Trustees of the University of
 9    Illinois  shall  offer  50% tuition waivers for undergraduate
10    education at any campus under its governance  or  supervision
11    to  the  children  of  employees  of  an  Illinois college or
12    university who have been employed by any one or by more  than
13    one Illinois college or university for an aggregate period of
14    at  least  7  years.   To  be  eligible  to receive a partial
15    tuition waiver, the child  of  an  employee  of  an  Illinois
16    college  or university (i) must be under the age of 25 at the
17    commencement of the academic year during  which  the  partial
18    tuition  waiver is to be effective, and (ii) must qualify for
19    admission to  the  University  of  Illinois  under  the  same
20    admissions  requirements,  standards  and  policies which the
21    University of Illinois applies to  applicants  for  admission
22    generally   to  its  respective  undergraduate  colleges  and
23    programs.
24        (c)  Subject  to  the  provisions  and   limitations   of
25    subsection  (b),  an  eligible applicant who has continued to
26    maintain satisfactory academic progress toward graduation may
27    have his or her partial tuition waiver renewed until the time
28    as he or she has expended 4 years  of  undergraduate  partial
29    tuition waiver benefits under this Section.
30        (d)  No  partial  tuition  waiver offered or allocated to
31    any eligible applicant in accordance with the  provisions  of
32    this  Section  shall  be  charged  against any tuition waiver
33    limitation  established  by  the  Illinois  Board  of  Higher
34    Education.
 
                            -125-    LRB093 08082 NHT 08283 b
 1        (e)  The Board of  Trustees  shall  prescribe  rules  and
 2    regulations  as are necessary to implement and administer the
 3    provisions of this Section.
 4    (Source: P.A. 90-282, eff. 1-1-98.)

 5        (110 ILCS 305/8a) (from Ch. 144, par. 29a)
 6        Sec. 8a.  The Board of  Trustees  of  the  University  of
 7    Illinois  shall  establish  a  feedback system to monitor the
 8    academic  progress  and  success  of  Illinois  high   school
 9    students  enrolled  at the University.  The Board of Trustees
10    of the University of Illinois, in cooperation with the  Board
11    of  Trustees  of  Southern Illinois University at Carbondale,
12    the Board of Trustees  of  Southern  Illinois  University  at
13    Edwardsville,   the   Board  of  Trustees  of  Chicago  State
14    University,  the  Board  of  Trustees  of  Eastern   Illinois
15    University,   the   Board  of  Trustees  of  Governors  State
16    University,  the  Board  of  Trustees   of   Illinois   State
17    University,  the  Board  of Trustees of Northeastern Illinois
18    University,  the  Board  of  Trustees  of  Northern  Illinois
19    University, and the Board of  Trustees  of  Western  Illinois
20    University   shall   submit  annually  to  each  high  school
21    attendance center located in the State a single  report  with
22    respect  to  the  graduates  of  that  high school attendance
23    center.  The report shall include, but need  not  be  limited
24    to,  the  following  information:  the  number of high school
25    graduates enrolled in each public university and the major of
26    each; the number of high school graduates who have  withdrawn
27    from  each  public  university;  and  student  performance in
28    university coursework.
29    (Source: P.A. 89-4, eff. 1-1-96.)

30        Section 225.  The Southern  Illinois  University  Objects
31    Act  is amended by changing the title and Sections 2, 12, and
32    15 as follows:
 
                            -126-    LRB093 08082 NHT 08283 b
 1        (110 ILCS 510/Act title)
 2        An Act in relation to the Southern Illinois University at
 3    Carbondale and Southern Illinois University at Edwardsville.

 4        (110 ILCS 510/2) (from Ch. 144, par. 602)
 5        Sec. 2.  The objects of Southern Illinois  University  at
 6    Carbondale  and  Southern Illinois University at Edwardsville
 7    shall be to qualify teachers for the schools of this State in
 8    all branches of  study  which  pertain  to  a  common  school
 9    education;  to teach such branches of learning as are related
10    to agriculture and  the  mechanic  arts,  including  military
11    tactics;  to  offer such courses of instruction as shall best
12    serve to provide liberal and vocational education customarily
13    offered at the college level; and to offer such other courses
14    of instruction as these Universities determine the University
15    determines; provided no professional courses  culminating  in
16    degrees  in  law,  medicine,  dentistry  or  pharmacy  may be
17    offered by such Universities University  unless  approved  by
18    the Board of Higher Education as provided in Section 7 of the
19    Board  of  Higher  Education  Act "An Act creating a Board of
20    Higher Education, defining its powers and duties,  making  an
21    appropriation  therefor,  and repealing an Act herein named",
22    approved  August  22,  1961,  as  heretofore  and   hereafter
23    amended.
24    (Source: Laws 1963, p. 3272.)

25        (110 ILCS 510/12) (from Ch. 144, par. 612)
26        Sec.  12.  The  Board  of  Trustees  of Southern Illinois
27    University  at  Carbondale  and  the  Board  of  Trustees  of
28    Southern Illinois University at  Edwardsville  shall  appoint
29    instructors,  and such officers as may be required, fix their
30    respective salaries and  prescribe  their  duties.  Each  The
31    board  may  remove any instructor or officer for proper cause
32    giving 10 ten days'  notice  of  any  charge  presented,  and
 
                            -127-    LRB093 08082 NHT 08283 b
 1    reasonable  opportunity  of  defense.  Each  The  board shall
 2    prescribe and provide the textbooks, apparatus and  furniture
 3    to  be  used  in  the  university  and  make  all regulations
 4    necessary  for  its  management.  Each  The  board  may,   on
 5    recommendation  of  the  faculty  of  the  university,  issue
 6    diplomas  to  persons  who  have satisfactorily completed the
 7    required studies and confer such degrees as are suitable  for
 8    the courses of study authorized by Section 2.
 9    (Source: Laws 1949, p. 1420.)

10        (110 ILCS 510/15) (from Ch. 144, par. 615)
11        Sec.   15.   The  expense  of  the  building,  improving,
12    repairing and supplying fuel and furniture and the  necessary
13    appliances  and  apparatus  for  conducting said universities
14    school, and the salaries or  compensation  of  the  Board  of
15    Trustees  of  Southern  Illinois University at Carbondale and
16    the Board of Trustees  of  Southern  Illinois  University  at
17    Edwardsville,    superintendent,   assistants,   agents   and
18    employees, shall be a charge upon  the  State  Treasury;  all
19    other  expenses  shall be chargeable against pupils, and each
20    the Board of Trustees of Southern Illinois  University  shall
21    regulate the charges accordingly.
22    (Source: Laws 1949, p. 1420.)

23        Section 230.  The Southern Illinois University Management
24    Act is amended by changing the title and Sections 1, 2, 4, 5,
25    6.6,  8, 8a, 8b, 8c, 8d, 8e, and 8f and adding Sections 0.05,
26    1.5, 1.10, 3.5, 3.10, and 3.15 as follows:

27        (110 ILCS 520/Act title)
28        An Act providing for the management,  operation,  control
29    and maintenance of Southern Illinois University at Carbondale
30    and Southern Illinois University at Edwardsville.
 
                            -128-    LRB093 08082 NHT 08283 b
 1        (110 ILCS 520/0.05 new)
 2        Sec. 0.05.  Definitions. In this Act:
 3        "Board"  and  "Board  of Trustees" mean both the Board of
 4    Trustees of Southern Illinois University  at  Carbondale  and
 5    the  Board  of  Trustees  of  Southern Illinois University at
 6    Edwardsville.
 7        "University" means both Southern Illinois  University  at
 8    Carbondale and Southern Illinois University at Edwardsville.

 9        (110 ILCS 520/1) (from Ch. 144, par. 651)
10        Sec.  1.  There  is  hereby  created  a  body politic and
11    corporate which shall be styled  the  Board  of  Trustees  of
12    Southern  Illinois University to operate, manage, control and
13    maintain the University, hereinafter called  the  Board.  The
14    Board   of   Trustees  of  Southern  Illinois  University  is
15    abolished on July 31, 2003. On July 1, 2003,  the  governance
16    and control of Southern Illinois University shall pass to and
17    rest within the new boards of trustees created under Sections
18    1.5  and  1.10  of  this  Act  as  provided  by law. The sole
19    function and power of  the  Board  of  Trustees  of  Southern
20    Illinois  University from July 1, 2003 until its abolition on
21    July 31, 2003 shall be to assist in transferring  all  books,
22    records,  papers,  documents, pending business, accounts, and
23    all real and personal property belonging to or held  for  the
24    use  and  benefit  of Southern Illinois University that until
25    July 1, 2003 was under the Board of Trustees'  governance  to
26    the new boards of trustees as provided by law.
27    (Source: Laws 1951, p. 1407.)

28        (110 ILCS 520/1.5 new)
29        Sec.  1.5.  Southern  Illinois  University at Carbondale;
30    creation of board.
31        (a)  There is hereby created a body politic and corporate
32    that shall be  styled  the  Board  of  Trustees  of  Southern
 
                            -129-    LRB093 08082 NHT 08283 b
 1    Illinois   University   at  Carbondale  to  operate,  manage,
 2    control,  and  maintain  Southern  Illinois   University   at
 3    Carbondale.
 4        (b)  That part of Southern Illinois University associated
 5    with  the  Carbondale  campus before July 1, 2003, except the
 6    Southern  Illinois  University  School  of  Medicine,   shall
 7    hereafter   be  known  as  Southern  Illinois  University  at
 8    Carbondale, shall be under the governance and control of  the
 9    Board   of   Trustees  of  Southern  Illinois  University  at
10    Carbondale, and  beginning  on  July  1,  2003,  shall  award
11    appropriate   degrees   in  the  name  of  Southern  Illinois
12    University at Carbondale.

13        (110 ILCS 520/1.10 new)
14        Sec. 1.10.  Southern Illinois University at Edwardsville;
15    creation of board.
16        (a)  There is hereby created a body politic and corporate
17    that shall be  styled  the  Board  of  Trustees  of  Southern
18    Illinois  University  at  Edwardsville  to  operate,  manage,
19    control,   and   maintain  Southern  Illinois  University  at
20    Edwardsville.
21        (b)  That  part  of  the  Southern  Illinois   University
22    associated  with the Edwardsville campus before July 1, 2003,
23    along  with  the  Southern  Illinois  University  School   of
24    Medicine,  shall  hereafter  be  known  as  Southern Illinois
25    University at Edwardsville, shall be under the governance and
26    control  of  the  Board  of  Trustees  of  Southern  Illinois
27    University at Edwardsville, and beginning on  July  1,  2003,
28    shall  award  appropriate  degrees  in  the  name of Southern
29    Illinois University at Edwardsville.

30        (110 ILCS 520/2) (from Ch. 144, par. 652)
31        Sec. 2.  The Board shall  consist  of  7  voting  members
32    appointed by the Governor, by and with the advice and consent
 
                            -130-    LRB093 08082 NHT 08283 b
 1    of  the  Senate, the Superintendent of Public Instruction, or
 2    his chief assistant for liaison with  higher  education  when
 3    designated  to serve in his place, ex-officio, and one voting
 4    student member designated by the Governor from one campus  of
 5    the  University  and  one  nonvoting  student member who is a
 6    student at from the campus of the University not  represented
 7    by  the  voting student member.  The Governor shall designate
 8    one of the student members serving on the Board to  serve  as
 9    the  voting  student  member.   Each  student member shall be
10    chosen  by  the  respective  campuses  of  Southern  Illinois
11    University at Carbondale and  Edwardsville.   The  method  of
12    choosing  the  these  student  member  members  shall  be  by
13    campus-wide  student  election, and any student designated by
14    the Governor to be a voting student member shall  be  one  of
15    the  students  chosen  by  this  method.   The student member
16    members shall serve a term terms of  one  year  beginning  on
17    July  1  of each year, except that the student member members
18    initially selected shall serve a term beginning on  the  date
19    of  such  selection  and expiring on the next succeeding June
20    30.  To be eligible for selection as a student member and  to
21    be eligible to remain as a voting or nonvoting student member
22    of the Board, the a student member must be a resident of this
23    State,  must  have and maintain a grade point average that is
24    equivalent to at least 2.5 on a 4.0 scale, and must be a full
25    time student enrolled at all times during his or her term  of
26    office  except  for  that  part of the term which follows the
27    completion of the last full regular semester of  an  academic
28    year  and  precedes  the  first  full regular semester of the
29    succeeding  academic  year  at  the   university   (sometimes
30    commonly referred to as the summer session or summer school).
31    If  the  a  voting or nonvoting student member serving on the
32    Board fails to continue to meet or  maintain  the  residency,
33    minimum   grade  point  average,  or  enrollment  requirement
34    established by this Section, his or  her  membership  on  the
 
                            -131-    LRB093 08082 NHT 08283 b
 1    Board shall be deemed to have terminated by operation of law.
 2    No more than 4 of the members appointed by the Governor shall
 3    be  affiliated  with  the  same political party.  Each member
 4    appointed by the Governor must be a resident of  this  State.
 5    A  failure  to  meet  or  maintain this residency requirement
 6    constitutes a resignation from and creates a vacancy  in  the
 7    Board.    Of  the  members first appointed by the Governor, 4
 8    shall be appointed for terms to expire on the third Monday in
 9    January, 2007 and 3 shall be appointed for terms to expire on
10    the third Monday in January, 2009. If the Senate  is  not  in
11    session  on  July  1,  2003  or if a vacancy in an appointive
12    membership occurs at  a  time  when  the  Senate  is  not  in
13    session, the Governor shall make temporary appointments until
14    the  next meeting of the Senate when he or she shall nominate
15    persons to fill such memberships for the remainder  of  their
16    respective  terms.    Upon  the  expiration  of  the terms of
17    members  appointed  by   the   Governor,   their   respective
18    successors  shall  be appointed for terms of 6 years from the
19    third Monday in January of each odd-numbered year  and  until
20    their respective successors are appointed for like terms.  If
21    the Senate is not in session appointments shall be made as in
22    the case of vacancies.
23    (Source:  P.A.  91-778,  eff.  1-1-01;  91-798,  eff. 7-9-00;
24    92-16, eff. 6-28-01.)

25        (110 ILCS 520/3.5 new)
26        Sec. 3.5.  Southern Illinois  University  at  Carbondale;
27    transfer  of authority. All of the rights, powers, and duties
28    vested by law in the Board of Trustees of  Southern  Illinois
29    University before July 1, 2003 and relating to the operation,
30    management,  control,  and  maintenance  of Southern Illinois
31    University at Carbondale prior to  its  change  of  name  and
32    status  are  hereby transferred to and vested in the Board of
33    Trustees of Southern Illinois University at Carbondale.
 
                            -132-    LRB093 08082 NHT 08283 b
 1        All  books,  records,  papers,  documents,  and   pending
 2    business   in   any   way  pertaining  to  Southern  Illinois
 3    University at Carbondale prior to  its  change  of  name  and
 4    status and held by the Board of Trustees of Southern Illinois
 5    University  before  July  1, 2003 are hereby transferred from
 6    the Board of Trustees of Southern Illinois University to  the
 7    Board   of   Trustees  of  Southern  Illinois  University  at
 8    Carbondale.
 9        On July 1, 2003, the  rules  and  regulations  previously
10    promulgated  by  the  Board  of Trustees of Southern Illinois
11    University and applicable to Southern Illinois University  at
12    Carbondale  prior  to  its change of name and status shall be
13    the rules and regulations  applicable  to  Southern  Illinois
14    University at Carbondale, provided that, beginning on July 1,
15    2003,  any or all of the rules and regulations may be changed
16    or rescinded by the Board of Trustees  of  Southern  Illinois
17    University at Carbondale.
18        The  right  of  custody, possession, and control over all
19    items of income, funds, or deposits in any way pertaining  to
20    Southern  Illinois  University  at  Carbondale  prior  to its
21    change of name and status that before July 1, 2003 were  held
22    or  retained  by  or  under  the jurisdiction of the Board of
23    Trustees of Southern Illinois University under the  authority
24    of  the  State Finance Act as that Act existed before July 1,
25    2003, is hereby transferred to and vested  in  the  Board  of
26    Trustees  of Southern Illinois University at Carbondale to be
27    retained by Southern Illinois University at Carbondale in its
28    own treasury, or deposited with a bank or  savings  and  loan
29    association,  all  in  accordance  with the provisions of the
30    State Finance Act.
31        There is hereby transferred from the Board of Trustees of
32    Southern Illinois University to  the  Board  of  Trustees  of
33    Southern Illinois University at Carbondale the power of order
34    and direction over the disbursement of those funds in any way
 
                            -133-    LRB093 08082 NHT 08283 b
 1    pertaining  to  Southern  Illinois  University  at Carbondale
 2    prior to its change of name and status that immediately prior
 3    to the effective date of this  amendatory  Act  of  the  93rd
 4    General   Assembly   were   retained   by  Southern  Illinois
 5    University in its own treasury under  the  authority  of  the
 6    State  Finance Act as that Act existed prior to July 1, 2003,
 7    provided that such funds shall be disbursed from time to time
 8    pursuant to the order and direction of the Board of  Trustees
 9    of  Southern  Illinois University at Carbondale in accordance
10    with any contracts, pledges, trusts, or agreements heretofore
11    made with respect to the use or application of such funds  by
12    the Board of Trustees of Southern Illinois University.
13        The  Board of Trustees of Southern Illinois University at
14    Carbondale shall succeed to, assume, and exercise all rights,
15    powers, duties, and responsibilities  formerly  exercised  by
16    the  Board  of  Trustees  of  Southern Illinois University on
17    behalf of Southern Illinois University at  Carbondale  before
18    its  change  of name and status. All contracts and agreements
19    entered into by the Board of Trustees  of  Southern  Illinois
20    University  on  behalf  of  Southern  Illinois  University at
21    Carbondale before its change of name and status shall subsist
22    notwithstanding the transfer of the functions of the Board of
23    Trustees of Southern Illinois  University,  with  respect  to
24    Southern  Illinois  University  at  Carbondale  prior  to its
25    change of name and  status,  to  the  Board  of  Trustees  of
26    Southern Illinois University at Carbondale. All bonds, notes,
27    and  other  evidences  of indebtedness outstanding on July 1,
28    2003 issued by the Board of  Trustees  of  Southern  Illinois
29    University  on  behalf  of  Southern  Illinois  University at
30    Carbondale before its change of name and status shall  become
31    the  bonds,  notes,  or  other  evidences  of indebtedness of
32    Southern Illinois  University  at  Carbondale  and  shall  be
33    otherwise  unaffected  by  the  transfer  of functions to the
34    Board  of  Trustees  of  Southern  Illinois   University   at
 
                            -134-    LRB093 08082 NHT 08283 b
 1    Carbondale.  Any  action  with  respect  to Southern Illinois
 2    University at Carbondale prior to  its  change  of  name  and
 3    status,    including    without   limitation   approvals   of
 4    applications for bonds and resolutions constituting  official
 5    action  under  the  Internal  Revenue  Code,  by the Board of
 6    Trustees of Southern Illinois University before July 1,  2003
 7    shall  remain  effective to the same extent as if that action
 8    had been taken by the Board of Trustees of Southern  Illinois
 9    University  at  Carbondale  and  shall be deemed to be action
10    taken  by  the  Board  of  Trustees  of   Southern   Illinois
11    University  at Carbondale for Southern Illinois University at
12    Carbondale.
13        The title to all other property, whether  real,  personal
14    or  mixed,  and all accounts receivable belonging to or under
15    the  jurisdiction  of  the  Board  of  Trustees  of  Southern
16    Illinois  University  for  Southern  Illinois  University  at
17    Carbondale prior to its change of name and status  is  hereby
18    transferred  to  and  vested  in  the  Board  of  Trustees of
19    Southern Illinois University at Carbondale to be held for the
20    People of the State of Illinois.
21        The employment of all academic and nonacademic  personnel
22    of  Southern  Illinois  University at Carbondale prior to its
23    change of name and status  is  hereby  transferred  from  the
24    Board  of  Trustees  of  Southern  Illinois University to the
25    Board  of  Trustees  of  Southern  Illinois   University   at
26    Carbondale,   but  the  locus  of  employment  shall  not  be
27    transferred. The transfer shall not  affect  the  status  and
28    rights  of any person under the State Universities Retirement
29    System or the State Universities  Civil  Service  System.  On
30    July   1,  2003,  the  individuals  whose  employment  is  so
31    transferred shall be credited with earned vacation  days  and
32    sick leave days accrued before the transfer.
33        On  July  1,  2003,  individuals  who  were  students  of
34    Southern  Illinois  University  at  Carbondale  prior  to its
 
                            -135-    LRB093 08082 NHT 08283 b
 1    change of name and  status  shall  be  students  of  Southern
 2    Illinois University at Carbondale.

 3        (110 ILCS 520/3.10 new)
 4        Sec.  3.10. Southern Illinois University at Edwardsville;
 5    transfer of authority. All of the rights, powers, and  duties
 6    vested  by  law in the Board of Trustees of Southern Illinois
 7    University before July 1, 2003 and relating to the operation,
 8    management, control, and  maintenance  of  Southern  Illinois
 9    University  at  Edwardsville  prior to its change of name and
10    status are hereby transferred to and vested in the  Board  of
11    Trustees of Southern Illinois University at Edwardsville.
12        All   books,  records,  papers,  documents,  and  pending
13    business  in  any  way  pertaining   to   Southern   Illinois
14    University  at  Edwardsville  prior to its change of name and
15    status and held by the Board of Trustees of Southern Illinois
16    University before July 1, 2003 are  hereby  transferred  from
17    the  Board of Trustees of Southern Illinois University to the
18    Board  of  Trustees  of  Southern  Illinois   University   at
19    Edwardsville.
20        On  July  1,  2003,  the rules and regulations previously
21    promulgated by the Board of  Trustees  of  Southern  Illinois
22    University  and applicable to Southern Illinois University at
23    Edwardsville prior to its change of name and status shall  be
24    the  rules  and  regulations  applicable to Southern Illinois
25    University at Edwardsville, provided that, beginning on  July
26    1,  2003,  any  or  all  of  the rules and regulations may be
27    changed or rescinded by the Board  of  Trustees  of  Southern
28    Illinois University at Edwardsville.
29        The  right  of  custody, possession, and control over all
30    items of income, funds, or deposits in any way pertaining  to
31    Southern  Illinois  University  at  Edwardsville prior to its
32    change of name and status that before July 1, 2003 were  held
33    or  retained  by  or  under  the jurisdiction of the Board of
 
                            -136-    LRB093 08082 NHT 08283 b
 1    Trustees of Southern Illinois University under the  authority
 2    of  the  State Finance Act as that Act existed before July 1,
 3    2003, is hereby transferred to and vested  in  the  Board  of
 4    Trustees  of  Southern Illinois University at Edwardsville to
 5    be retained by Southern Illinois University  at  Edwardsville
 6    in  its own treasury, or deposited with a bank or savings and
 7    loan association, all in accordance with  the  provisions  of
 8    the State Finance Act.
 9        There is hereby transferred from the Board of Trustees of
10    Southern  Illinois  University  to  the  Board of Trustees of
11    Southern Illinois University at  Edwardsville  the  power  of
12    order  and  direction over the disbursement of those funds in
13    any  way  pertaining  to  Southern  Illinois  University   at
14    Edwardsville  prior  to  its  change  of name and status that
15    immediately prior to the effective date  of  this  amendatory
16    Act  of  the  93rd General Assembly were retained by Southern
17    Illinois University in its own treasury under  the  authority
18    of the State Finance Act as that Act existed prior to July 1,
19    2003,  provided  that such funds shall be disbursed from time
20    to time pursuant to the order and direction of the  Board  of
21    Trustees  of  Southern Illinois University at Edwardsville in
22    accordance with any contracts, pledges, trusts, or agreements
23    heretofore made with respect to the  use  or  application  of
24    such  funds  by  the  Board  of Trustees of Southern Illinois
25    University.
26        The Board of Trustees of Southern Illinois University  at
27    Edwardsville  shall  succeed  to,  assume,  and  exercise all
28    rights,  powers,  duties,   and   responsibilities   formerly
29    exercised  by  the  Board  of  Trustees  of Southern Illinois
30    University on  behalf  of  Southern  Illinois  University  at
31    Edwardsville  before  its  change  of  name  and  status. All
32    contracts  and  agreements  entered  into  by  the  Board  of
33    Trustees  of  Southern  Illinois  University  on  behalf   of
34    Southern  Illinois  University  at  Edwardsville  before  its
 
                            -137-    LRB093 08082 NHT 08283 b
 1    change  of  name and status shall subsist notwithstanding the
 2    transfer of  the  functions  of  the  Board  of  Trustees  of
 3    Southern   Illinois  University,  with  respect  to  Southern
 4    Illinois University at Edwardsville prior to  its  change  of
 5    name  and  status,  to  the  Board  of  Trustees  of Southern
 6    Illinois University at Edwardsville. All  bonds,  notes,  and
 7    other  evidences  of indebtedness outstanding on July 1, 2003
 8    issued  by  the  Board  of  Trustees  of  Southern   Illinois
 9    University  on  behalf  of  Southern  Illinois  University at
10    Edwardsville before its  change  of  name  and  status  shall
11    become  the  bonds, notes, or other evidences of indebtedness
12    of Southern Illinois University at Edwardsville and shall  be
13    otherwise  unaffected  by  the  transfer  of functions to the
14    Board  of  Trustees  of  Southern  Illinois   University   at
15    Edwardsville.  Any  action  with respect to Southern Illinois
16    University at Edwardsville prior to its change  of  name  and
17    status,    including    without   limitation   approvals   of
18    applications for bonds and resolutions constituting  official
19    action  under  the  Internal  Revenue  Code,  by the Board of
20    Trustees of Southern Illinois University before July 1,  2003
21    shall  remain  effective to the same extent as if that action
22    had been taken by the Board of Trustees of Southern  Illinois
23    University  at  Edwardsville and shall be deemed to be action
24    taken  by  the  Board  of  Trustees  of   Southern   Illinois
25    University  at  Edwardsville for Southern Illinois University
26    at Edwardsville.
27        The title to all other property, whether  real,  personal
28    or  mixed,  and all accounts receivable belonging to or under
29    the  jurisdiction  of  the  Board  of  Trustees  of  Southern
30    Illinois  University  for  Southern  Illinois  University  at
31    Edwardsville prior to its change of name and status is hereby
32    transferred to  and  vested  in  the  Board  of  Trustees  of
33    Southern  Illinois  University at Edwardsville to be held for
34    the People of the State of Illinois.
 
                            -138-    LRB093 08082 NHT 08283 b
 1        The employment of all academic and nonacademic  personnel
 2    of  Southern Illinois University at Edwardsville prior to its
 3    change of name and status  is  hereby  transferred  from  the
 4    Board  of  Trustees  of  Southern  Illinois University to the
 5    Board  of  Trustees  of  Southern  Illinois   University   at
 6    Edwardsville,  but  the  locus  of  employment  shall  not be
 7    transferred. The transfer shall not  affect  the  status  and
 8    rights  of any person under the State Universities Retirement
 9    System or the State Universities  Civil  Service  System.  On
10    July   1,  2003,  the  individuals  whose  employment  is  so
11    transferred shall be credited with earned vacation  days  and
12    sick leave days accrued before the transfer.
13        On  July  1,  2003,  individuals  who  were  students  of
14    Southern  Illinois  University  at  Edwardsville prior to its
15    change of name and  status  shall  be  students  of  Southern
16    Illinois University at Edwardsville.

17        (110 ILCS 520/3.15 new)
18        Sec. 3.15.  Inability to transfer. Anything under Section
19    3.5  or  3.10  of  this Act that cannot be transferred to the
20    Board  of  Trustees  of  Southern  Illinois   University   at
21    Carbondale  or  the  Board  of  Trustees of Southern Illinois
22    University at Edwardsville because  it  was  not  related  to
23    either  Southern  Illinois  University at Carbondale prior to
24    its change of name and status or Southern Illinois University
25    at Edwardsville prior to its change of name and status  shall
26    be  divided  equally,  if  possible,  or shared between the 2
27    universities.

28        (110 ILCS 520/4) (from Ch. 144, par. 654)
29        Sec.  4.   Members  of  the  Board  shall  serve  without
30    compensation but shall be entitled to reasonable amounts  for
31    expenses  necessarily  incurred  in  the performance of their
32    duties.  Such expenses incurred by the any non-voting student
 
                            -139-    LRB093 08082 NHT 08283 b
 1    member may, at the discretion of the Chairperson Chairman  of
 2    the  Board, be provided for by advance payment to the student
 3    such  member,  who  shall  account  therefor  to  the   Board
 4    immediately after each meeting.
 5        No  member  of  the Board shall hold or be employed in or
 6    appointed to any office or place under the authority  of  the
 7    Board,  nor  shall  any  member  of  the Board be directly or
 8    indirectly interested in any contract made by the Board,  nor
 9    shall  he  or  she  be  an  employee  of the State or federal
10    government.  This  Section  does  not  prohibit  the  student
11    member  members  of  the  Board  from  maintaining normal and
12    official status as an enrolled  student  students  or  normal
13    student employment at the Southern Illinois University.
14    (Source: P.A. 79-932.)

15        (110 ILCS 520/5) (from Ch. 144, par. 655)
16        Sec.  5.   Members  of  the Board shall elect annually by
17    secret ballot from their own number  a  chairperson  chairman
18    who shall preside over meetings of the Board and a secretary.
19        Meetings  of  the  Board shall be held at least once each
20    quarter on the a campus of the Southern Illinois  University.
21    At  all  regular  meetings  of  the  Board, a majority of its
22    voting members shall constitute a quorum.  The student member
23    members shall have  all  of  the  privileges  of  membership,
24    including  the right to make and second motions and to attend
25    executive sessions, other than the right  to  vote,  but  the
26    except  that the student member designated by the Governor as
27    the voting student member shall have the right to vote on all
28    Board matters except those involving faculty tenure,  faculty
29    promotion  or  any  issue  on  which the student member has a
30    direct conflict of interest.  A student  member  who  is  not
31    entitled  to  vote  on a measure at a meeting of the Board or
32    any of its committees shall not be considered  a  member  for
33    the purpose of determining whether a quorum is present at any
 
                            -140-    LRB093 08082 NHT 08283 b
 1    meeting  of  the Board or any of its committees the time that
 2    measure is voted upon.  No  action  of  the  Board  shall  be
 3    invalidated  by  reason  of any vacancies on the Board, or by
 4    reason of any failure to select a student member.
 5        Special meetings of  the  Board  may  be  called  by  the
 6    chairperson  chairman of the Board or by any 3 members of the
 7    Board.
 8        At each regular and special meeting that is open  to  the
 9    public, members of the public and employees of the University
10    shall be afforded time, subject to reasonable constraints, to
11    make comments to or ask questions of the Board.
12    (Source:  P.A.  91-715,  eff.  1-1-01;  91-778,  eff. 1-1-01;
13    92-16, eff. 6-28-01.)

14        (110 ILCS 520/6.6)
15        Sec. 6.6.  The Illinois Ethanol Research Advisory Board.
16        (a)  There is established the Illinois  Ethanol  Research
17    Advisory Board (the "Advisory Board").
18        (b)  The  Advisory  Board shall be composed of 13 members
19    including: the President of Southern Illinois  University  at
20    Carbondale who shall be Chairperson Chairman; the Director of
21    Commerce  and Community Affairs; the Director of Agriculture;
22    the President of the Illinois Corn Growers  Association;  the
23    President  of  the  National  Corn  Growers  Association; the
24    President of the Renewable Fuels Association; the Dean of the
25    College of Agricultural, Consumer, and Environmental Science,
26    University of Illinois at Champaign-Urbana;  and  6  at-large
27    members  appointed  by  the Governor representing the ethanol
28    industry, growers, suppliers, and universities.
29        (c)  The 6 at-large members  shall  serve  a  term  of  4
30    years.  The Advisory Board shall meet at least annually or at
31    the call of the Chairperson Chairman.  At any time a majority
32    of  the  Advisory Board may petition the Chairperson Chairman
33    for a meeting of the Board.  Seven members  of  the  Advisory
 
                            -141-    LRB093 08082 NHT 08283 b
 1    Board shall constitute a quorum.
 2        (d)  The Advisory Board shall:
 3             (1)  Review the annual operating plans and budget of
 4        the National Corn-to-Ethanol Research Pilot Plant.
 5             (2)  Advise  on  research and development priorities
 6        and projects to be carried  out  at  the  Corn-to-Ethanol
 7        Research Pilot Plant.
 8             (3)  Advise on policies and procedures regarding the
 9        management  and  operation  of the ethanol research pilot
10        plant.  This may include  contracts,  project  selection,
11        and personnel issues.
12             (4)  Develop bylaws.
13             (5)  Submit  a  final  report  to  the  Governor and
14        General   Assembly    outlining    the    progress    and
15        accomplishments   made  during  the  year  along  with  a
16        financial report for the year.
17        (e)  The Advisory Board established by this Section is  a
18    continuation,  as  changed  by  the  Section,  of  the  Board
19    established  under  Section 8a of the Energy Conservation and
20    Coal Act and repealed by this  amendatory  Act  of  the  92nd
21    General Assembly.
22    (Source: P.A. 92-736, eff. 7-25-02.)

23        (110 ILCS 520/8) (from Ch. 144, par. 658)
24        Sec. 8.  Powers and duties of the Board.  The Board shall
25    have power and it shall be its duty:
26             1.  To  make  rules,  regulations  and  by-laws, not
27        inconsistent with law, for the government and  management
28        of the Southern Illinois University and its branches;
29             2.  To  employ,  and,  for  good  cause, to remove a
30        president of the Southern Illinois  University,  and  all
31        necessary   deans,   professors,   associate  professors,
32        assistant professors, instructors, and other  educational
33        and  administrative  assistants,  and all other necessary
 
                            -142-    LRB093 08082 NHT 08283 b
 1        employees, and contract with them upon  matters  relating
 2        to tenure, salaries and retirement benefits in accordance
 3        with  the State Universities Civil Service Act; the Board
 4        shall, upon the written request of  an  employee  of  the
 5        Southern   Illinois   University,   withhold   from   the
 6        compensation  of  that  employee  any  dues,  payments or
 7        contributions payable  by  such  employee  to  any  labor
 8        organization as defined in the Illinois Educational Labor
 9        Relations Act. Under such arrangement, an amount shall be
10        withheld  from each regular payroll period which is equal
11        to the pro  rata  share  of  the  annual  dues  plus  any
12        payments  or  contributions, and the Board shall transmit
13        such withholdings to  the  specified  labor  organization
14        within  10 working days from the time of the withholding.
15        Whenever the Board establishes a search committee to fill
16        the  position  of  president  of  the  Southern  Illinois
17        University,  there  shall  be  minority   representation,
18        including women, on that search committee;
19             3.  To prescribe the course of study to be followed,
20        and  textbooks  and  apparatus to be used at the Southern
21        Illinois University;
22             4.  To issue upon the recommendation of the faculty,
23        diplomas to such persons as have satisfactorily completed
24        the required studies of the Southern Illinois University,
25        and confer such professional and literary degrees as  are
26        usually conferred by other institutions of like character
27        for  similar  or  equivalent courses of study, or such as
28        the Board may deem appropriate;
29             5.  To examine into the conditions, management,  and
30        administration  of  the  Southern Illinois University, to
31        provide the requisite buildings, apparatus, equipment and
32        auxiliary   enterprises,   and   to   fix   and   collect
33        matriculation  fees;  tuition  fees;  fees  for   student
34        activities;  fees  for student facilities such as student
 
                            -143-    LRB093 08082 NHT 08283 b
 1        union buildings or  field  houses  or  stadium  or  other
 2        recreational facilities; student welfare fees; laboratory
 3        fees and similar fees for supplies and material;
 4             6.  To  succeed  to  and  to  administer all trusts,
 5        trust property, and gifts now or hereafter  belonging  or
 6        pertaining to the Southern Illinois University;
 7             7.  To   accept   endowments  of  professorships  or
 8        departments in the University from  any  person  who  may
 9        proffer them and, at regular meetings, to prescribe rules
10        and  regulations in relation to endowments and declare on
11        what general principles they may be accepted;
12             8.  To  enter  into  contracts  with   the   Federal
13        government for providing courses of instruction and other
14        services  at the Southern Illinois University for persons
15        serving in or with the military or naval  forces  of  the
16        United States, and to provide such courses of instruction
17        and other services;
18             9.  To  provide  for the receipt and expenditures of
19        Federal funds, paid to the Southern  Illinois  University
20        by  the  Federal  government  for  instruction  and other
21        services for persons serving in or with the  military  or
22        naval  forces  of  the  United  States and to provide for
23        audits of such funds;
24             10.  To appoint, subject  to  the  applicable  civil
25        service  law,  persons  to  be  members  of  the Southern
26        Illinois University Police  Department.  Members  of  the
27        Police  Department shall be conservators of the peace and
28        as such have all powers possessed by policemen in cities,
29        and sheriffs, including the power to make arrests on view
30        or warrants of violations of state  statutes,  university
31        rules  and  regulations  and  city  or county ordinances,
32        except that they may exercise  such  powers  only  within
33        counties  wherein  the university and any of its branches
34        or properties are located when such is required  for  the
 
                            -144-    LRB093 08082 NHT 08283 b
 1        protection  of  university  properties and interests, and
 2        its students and personnel, and  otherwise,  within  such
 3        counties,  when  requested  by appropriate State or local
 4        law enforcement officials. However, such  officers  shall
 5        have no power to serve and execute civil processes.
 6             The  Board  must  authorize  to  each  member of the
 7        Southern Illinois University Police Department and to any
 8        other  employee  of  the  Southern  Illinois   University
 9        exercising the powers of a peace officer a distinct badge
10        that,  on  its face, (i) clearly states that the badge is
11        authorized by the Southern Illinois University  and  (ii)
12        contains  a  unique  identifying  number.  No other badge
13        shall be authorized by the Southern Illinois University.
14             11.  With  respect  to  the  Board  of  Trustees  of
15        Southern  Illinois   University   at   Edwardsville,   to
16        administer  a  plan  or plans established by the clinical
17        faculty of  the  School  of  Medicine  for  the  billing,
18        collection and disbursement of charges made by individual
19        faculty  members  for  professional services performed by
20        them in the course of or in  support  of  their  academic
21        responsibilities,  provided that such plan has been first
22        approved by Board action. All such collections  shall  be
23        deposited  into  a  special fund or funds administered by
24        the Board from which disbursements may be made  according
25        to  the  provisions  of  said  plan. The reasonable costs
26        incurred, by the University, administering  the  billing,
27        collection  and  disbursement  provisions of a plan shall
28        have first priority for payment  before  distribution  or
29        disbursement  for  any other purpose. Charges established
30        pursuant to this plan must be itemized in any billing and
31        any amounts collected which are not used to  off-set  the
32        cost  of  operating  or  maintaining  the  activity which
33        generated the funds  collected,  must  be  accounted  for
34        separately. This accounting must clearly show the use and
 
                            -145-    LRB093 08082 NHT 08283 b
 1        application  made of the funds and the Board shall report
 2        such accountings for the  previous  fiscal  year  to  the
 3        Legislative  Audit  Commission annually by December 31 of
 4        each fiscal year.
 5             The Board of Trustees may own, operate,  or  govern,
 6        by  or  through  the  School  of Medicine, a managed care
 7        community network established  under  subsection  (b)  of
 8        Section 5-11 of the Illinois Public Aid Code.
 9             12.  The  Board  of  Trustees  may,  directly  or in
10        cooperation with other institutions of higher  education,
11        acquire by purchase or lease or otherwise, and construct,
12        enlarge,  improve,  equip, complete, operate, control and
13        manage  medical  research  and  high  technology   parks,
14        together with the necessary lands, buildings, facilities,
15        equipment,  and  personal property therefor, to encourage
16        and  facilitate  (a)  the  location  and  development  of
17        business and industry in the State of Illinois,  and  (b)
18        the  increased  application and development of technology
19        and (c) the improvement and development  of  the  State's
20        economy.   The  Board  of Trustees may lease to nonprofit
21        corporations all or any  part  of  the  land,  buildings,
22        facilities,  equipment  or  other  property included in a
23        medical research and high technology park upon such terms
24        and  conditions  as  the  Board  of  Trustees  may   deem
25        advisable  and  enter into any contract or agreement with
26        such  nonprofit  corporations  as  may  be  necessary  or
27        suitable for the construction, financing,  operation  and
28        maintenance  and  management  of  any  such park; and may
29        lease to any person, firm,  partnership  or  corporation,
30        either  public  or  private, any part or all of the land,
31        building, facilities, equipment or other property of such
32        park for such purposes and upon such rentals,  terms  and
33        conditions  as  the Board of Trustees may deem advisable;
34        and may finance all or part of the cost of any such park,
 
                            -146-    LRB093 08082 NHT 08283 b
 1        including    the    purchase,    lease,     construction,
 2        reconstruction, improvement, remodeling, addition to, and
 3        extension  and  maintenance  of  all or part of such high
 4        technology park, and all equipment  and  furnishings,  by
 5        legislative appropriations, government grants, contracts,
 6        private gifts, loans, receipts from the operation of such
 7        high  technology  park, rentals and similar receipts; and
 8        may make its other facilities and services  available  to
 9        tenants  or  other  occupants  of  any such park at rates
10        which are reasonable and appropriate.
11        The powers of the Board as herein designated are  subject
12    to the  Board of Higher Education Act.
13    (Source: P.A. 91-883, eff. 1-1-01; 92-370, eff. 8-15-01.)

14        (110 ILCS 520/8a) (from Ch. 144, par. 658a)
15        Sec.  8a.  (1) The Board shall provide each member of the
16    Southern Illinois University Police Department  without  cost
17    to  him  public  liability  insurance  covering  him  for any
18    liability which arises out of his employment to the extent of
19    the insurance policy limits which  shall  be  not  less  than
20    $50,000.
21        (2)  The  Board shall have power to insure the Board, the
22    University  and  its  branches   universities   under   Board
23    jurisdiction, Board members, paid and unpaid employees of the
24    Board,  and any students, volunteer workers, visiting faculty
25    and  professionals  who  are  agents  of  the  Board  in  the
26    performance or delivery of its programs or  services  against
27    claims, damages, losses, expenses and civil suits arising out
28    of  statements,  acts  or omissions in the discharge of their
29    duties, which statements, acts or omissions  do  not  involve
30    intentional  or  willful and wanton misconduct on the part of
31    such persons; and  to  insure  against  losses  to  real  and
32    personal  property  owned  by  the  Board or in the actual or
33    constructive custody of the Board and for loss of income from
 
                            -147-    LRB093 08082 NHT 08283 b
 1    such real and personal property.  The Board shall have  power
 2    to  defend, hold harmless and indemnify, in whole or in part,
 3    all persons as  to  whom  any  such  insurance  is  provided.
 4    Pursuant  to its power to insure, the Board may establish and
 5    accumulate reserves for  payment  of  such  claims,  damages,
 6    losses,  expenses  and  civil suit awards or obtain insurance
 7    affording coverage for such matters.  Reserves established by
 8    the Board for the foregoing purpose shall be subject  to  the
 9    following conditions:
10        (a)  The  amount  of  such  reserves shall not exceed the
11    amount necessary and proper,  based  on  past  experience  or
12    independent actuarial determinations;
13        (b)  All  earnings  derived  from  such reserves shall be
14    considered part of the reserves and may be used only for  the
15    same purposes for which the reserves may be used;
16        (c)  Reserves may be used only for the purposes of making
17    payments   for  civil  suits,  claims,  damages,  losses  and
18    expenses,  including  attorneys  fees,  claims  investigation
19    costs  and  actuarial  studies  associated  with  liabilities
20    arising out of statements, acts or omissions  of  individuals
21    in  the  discharge of their duties, which statements, acts or
22    omissions do not involve intentional or  willful  and  wanton
23    misconduct  on  the  part of such individuals, for payment of
24    insurance premiums, and for the purposes of  making  payments
25    for losses resulting from any insured peril;
26        (d)  All  funds  collected  for the purposes specified in
27    paragraph (c) or earmarked for such purposes must  be  placed
28    in the reserves;
29        (e)  Whenever  the  reserves  have a balance in excess of
30    what is necessary and proper,  then  contributions,  charges,
31    assessments  or other forms of funding for the reserves shall
32    be appropriately decreased.
33        (3)  As to all  claims,  damages,  losses,  expenses  and
34    civil  suits covered by insurance provided by the Board or as
 
                            -148-    LRB093 08082 NHT 08283 b
 1    to which the Board has not provided insurance, to the  extent
 2    permitted by law, sovereign immunity shall apply and recourse
 3    shall be limited to the Court of Claims.
 4        (4)  When  permitted  by  law  to enter into an agreement
 5    with any unit of government, institution of higher education,
 6    person, or  corporation  for  the  use  of  property  or  the
 7    performance  of  any  function, service or act, the Board may
 8    agree to the sharing or allocation of liabilities and damages
 9    resulting from such use of property  or  performance  of  any
10    function,  service  or  act.   Such agreement may provide for
11    contribution or indemnification by any or all of the  parties
12    to  the  agreement  upon  any  liability  arising  out of the
13    performance of the agreement.
14    (Source: P.A. 84-1126.)

15        (110 ILCS 520/8b) (from Ch. 144, par. 658b)
16        Sec. 8b.  (a) If the Board has provided access to any  of
17    the  campuses  under  its  jurisdiction  to persons or groups
18    whose purpose is to make students  aware  of  educational  or
19    occupational  options,  the  board shall provide, on an equal
20    basis, access to the official recruiting  representatives  of
21    the  armed  forces  of Illinois and the United States for the
22    purpose of  informing  students  of  educational  and  career
23    opportunities  available  to them in the military.  The board
24    is not required to give greater notice regarding the right of
25    access to recruiting representatives than is given  to  other
26    persons and groups.
27        (b)  The   Board  shall  not  bar  or  exclude  from  the
28    curriculum, campus, or  school  facilities  of  the  Southern
29    Illinois  University  any  armed  forces  training program or
30    organization operated  under  the  authority  of  the  United
31    States   government   because  the  program  or  organization
32    complies with rules, regulations, or policies of  the  United
33    States  government  or  any  agency,  branch,  or  department
 
                            -149-    LRB093 08082 NHT 08283 b
 1    thereof.
 2    (Source: P.A. 87-788.)

 3        (110 ILCS 520/8c) (from Ch. 144, par. 658c)
 4        Sec.  8c.   The  Board  of  Trustees of Southern Illinois
 5    University shall establish  a  program  to  assess  the  oral
 6    English   language   proficiency  of  all  persons  providing
 7    classroom instruction to students at each  campus  under  the
 8    jurisdiction,  governance  or  supervision  of the Board, and
 9    shall ensure that each person who is not orally proficient in
10    the  English  language  attain  such  proficiency  prior   to
11    providing any classroom instruction to students.  The program
12    required by this Section shall be fully implemented to ensure
13    the  oral  English  language  proficiency  of  all  classroom
14    instructors at each campus under the jurisdiction, governance
15    or  supervision  of the Board by the beginning of the 1987-88
16    academic year. Any other provisions of this  Section  to  the
17    contrary  notwithstanding,  nothing  in this Section shall be
18    deemed or construed to apply to,  or  to  require  such  oral
19    English  language  proficiency  of  any  person  who provides
20    classroom instruction to students in foreign language courses
21    only.
22    (Source: P.A. 84-1434.)

23        (110 ILCS 520/8d) (from Ch. 144, par. 658d)
24        Sec. 8d.  The Board  of  Trustees  of  Southern  Illinois
25    University  shall  establish a feedback system to monitor the
26    academic  progress  and  success  of  Illinois  high   school
27    students  enrolled  at the University.  The Board of Trustees
28    of Southern Illinois  University,  in  cooperation  with  the
29    governing  boards  of  the  other public universities in this
30    State, the Board of Trustees of the University  of  Illinois,
31    the  Board of Trustees of Chicago State University, the Board
32    of Trustees of Eastern  Illinois  University,  the  Board  of
 
                            -150-    LRB093 08082 NHT 08283 b
 1    Trustees of Governors State University, the Board of Trustees
 2    of  Illinois  State  University,  the  Board  of  Trustees of
 3    Northeastern Illinois University, the Board  of  Trustees  of
 4    Northern  Illinois  University,  and the Board of Trustees of
 5    Western Illinois University shall  submit  annually  to  each
 6    high  school  attendance center located in the State a single
 7    report with respect to the  graduates  of  that  high  school
 8    attendance center.  The report shall include, but need not be
 9    limited  to,  the  following  information: the number of high
10    school graduates enrolled in each public university  and  the
11    major  of  each; the number of high school graduates who have
12    withdrawn  from   each   public   university;   and   student
13    performance in university coursework.
14    (Source: P.A. 89-4, eff. 1-1-96.)

15        (110 ILCS 520/8e) (from Ch. 144, par. 658e)
16        Sec. 8e.  Admissions.
17        (a)  Commencing in the fall of 1993, No new student shall
18    then  or  thereafter be admitted to instruction in any of the
19    departments or colleges of the University unless such student
20    also has satisfactorily completed:
21             (1)  at least 15 units  of  high  school  coursework
22        from the following 5 categories:
23                  (A)  4  years  of  English (emphasizing written
24             and oral communications and literature), of which up
25             to 2 years may be collegiate level instruction;
26                  (B)  3 years  of  social  studies  (emphasizing
27             history and government);
28                  (C)  3   years   of  mathematics  (introductory
29             through advanced algebra, geometry, trigonometry, or
30             fundamentals of computer programming);
31                  (D)  3 years of science (laboratory  sciences);
32             and
33                  (E)  2  years of electives in foreign language,
 
                            -151-    LRB093 08082 NHT 08283 b
 1             music, vocational education  or art;
 2             (2)  except that institutions may  admit  individual
 3        applicants   if   the   institution   determines  through
 4        assessment  or  through  evaluation  based  on   learning
 5        outcomes  of  the  coursework taken, including vocational
 6        education courses and courses taken in a  charter  school
 7        established  under  Article  27A of the School Code, that
 8        the   applicant   demonstrates   knowledge   and   skills
 9        substantially equivalent  to  the  knowledge  and  skills
10        expected  to  be  acquired  in  the  high  school courses
11        required  for  admission.   The  Board  of  Trustees   of
12        Southern  Illinois  University  shall not discriminate in
13        the University's admissions process against an  applicant
14        for  admission because of the applicant's enrollment in a
15        charter school  established  under  Article  27A  of  the
16        School  Code.   Institutions may also admit 1) applicants
17        who did not have an opportunity to complete  the  minimum
18        college  preparatory  curriculum  in  high school, and 2)
19        educationally disadvantaged applicants who  are  admitted
20        to  the formal organized special assistance programs that
21        are tailored to the needs  of  such  students,  providing
22        that  in either case, the institution incorporates in the
23        applicant's baccalaureate  curriculum  courses  or  other
24        academic    activities   that   compensate   for   course
25        deficiencies; and
26             (3)  except that up to 3 of 15 units  of  coursework
27        required  by  paragraph  (1)  of  this  subsection may be
28        distributed by deducting no more than one unit each  from
29        the  categories  of social studies, mathematics, sciences
30        and electives and completing those 3 units in any of  the
31        5 categories of coursework described in paragraph (1).
32        (b)  When  allocating  funds,  local  boards of education
33    shall recognize their obligation to their students  to  offer
34    the coursework required by subsection (a).
 
                            -152-    LRB093 08082 NHT 08283 b
 1        (c)  A student who has graduated from high school and has
 2    scored  within  the University's accepted range on the ACT or
 3    SAT shall not be required  to  take  the  high  school  level
 4    General  Educational Development (GED) Test as a prerequisite
 5    to admission.
 6    (Source: P.A. 91-374, eff. 7-30-99.)

 7        (110 ILCS 520/8f) (from Ch. 144, par. 658f)
 8        Sec. 8f.  Partial tuition waivers.
 9        (a)  As  used  in  this  Section,  "Illinois  college  or
10    university" means any of the following:   the  University  of
11    Illinois,   Southern   Illinois   University  at  Carbondale,
12    Southern Illinois University at Edwardsville,  Chicago  State
13    University,  Eastern  Illinois  University,  Governors  State
14    University,  Illinois State University, Northeastern Illinois
15    University,  Northern  Illinois   University,   and   Western
16    Illinois University.
17        (b)  Each year the Board of Trustees of Southern Illinois
18    University  shall offer 50% tuition waivers for undergraduate
19    education at any campus under its governance  or  supervision
20    to  the  children  of  employees  of  an  Illinois college or
21    university who have been employed by any one or by more  than
22    one Illinois college or university for an aggregate period of
23    at  least  7  years.   To  be  eligible  to receive a partial
24    tuition waiver, the child  of  an  employee  of  an  Illinois
25    college  or university (i) must be under the age of 25 at the
26    commencement of the academic year during  which  the  partial
27    tuition  waiver is to be effective, and (ii) must qualify for
28    admission to the Southern Illinois University under the  same
29    admissions  requirements,  standards  and  policies which the
30    Southern  Illinois  University  applies  to  applicants   for
31    admission  generally to its respective undergraduate colleges
32    and programs.
33        (c)  Subject  to  the  provisions  and   limitations   of
 
                            -153-    LRB093 08082 NHT 08283 b
 1    subsection  (b),  an  eligible applicant who has continued to
 2    maintain satisfactory academic progress toward graduation may
 3    have his or her partial tuition waiver renewed until the time
 4    as he or she has expended 4 years  of  undergraduate  partial
 5    tuition waiver benefits under this Section.
 6        (d)  No  partial  tuition  waiver offered or allocated to
 7    any eligible applicant in accordance with the  provisions  of
 8    this  Section  shall  be  charged  against any tuition waiver
 9    limitation  established  by  the  Illinois  Board  of  Higher
10    Education.
11        (e)  The Board of  Trustees  shall  prescribe  rules  and
12    regulations  as are necessary to implement and administer the
13    provisions of this Section.
14    (Source: P.A. 90-282, eff. 1-1-98.)

15        Section 235.  The Southern  Illinois  University  Revenue
16    Bond  Act  is  amended by changing the title and Section 2 as
17    follows:

18        (110 ILCS 525/Act title)
19        An Act to authorize the Board  of  Trustees  of  Southern
20    Illinois  University  at Carbondale and the Board of Trustees
21    of Southern Illinois University at Edwardsville  to  acquire,
22    own,  operate  and  maintain  projects  as herein defined, to
23    issue its bonds therefor, to refund its bonds heretofore  and
24    hereafter issued, and to provide for the payment and security
25    of  all  bonds issued hereunder; and to define the powers and
26    duties of said Boards Board in reference thereto.

27        (110 ILCS 525/2) (from Ch. 144, par. 672)
28        Sec. 2. Definitions.
29        In this Act, unless the context otherwise requires:
30        1.  "Board" means both the Board of Trustees of  Southern
31    Illinois  University  at Carbondale and the Board of Trustees
 
                            -154-    LRB093 08082 NHT 08283 b
 1    of Southern Illinois University  at  Edwardsville,  or  their
 2    successors its successor.
 3        2.  "University" means both Southern Illinois University,
 4    located  at  Carbondale  and  Southern Illinois University at
 5    Edwardsville, Illinois, and their its branches.
 6        3.  "Federal Agency" means the United States of  America,
 7    the  President  of  the United States of America, the Housing
 8    and Home Finance Agency, or such other agency or agencies  of
 9    the  United States of America as may be designated or created
10    to make loans or grants or both.
11        4.  "Acquire"  includes  to   purchase,   erect,   build,
12    construct,  reconstruct,  complete,  repair,  replace, alter,
13    extend,  better,  equip,  develop,  and  improve  a  project,
14    including the acquisition and clearing of  a  site  or  sites
15    therefor.
16        5.  "Project" means and includes student residence halls;
17    apartments;  staff  housing  facilities; dormitories; health,
18    hospital or medical facilities; dining halls;  student  union
19    buildings;   field   houses;   stadiums;  physical  education
20    installations and  facilities;  auditoriums;  facilities  for
21    student or staff services; any facility or building leased to
22    the  United  States  of  America;  heretofore,  or  as may be
23    hereafter, acquired, and any other revenue producing building
24    or buildings of such type and character for which  the  Board
25    shall hereafter from time to time find a necessity exists and
26    as   may  be  required  for  the  good  and  benefit  of  the
27    University, with all equipment  and  appurtenant  facilities,
28    including  off-street  parking facilities; or any one or more
29    than one, or  all,  of  the  foregoing,  or  any  combination
30    thereof, for the University.
31    (Source: Laws 1965, p. 2913.)

32        Section  240.   The  Sewage  and  Water  System  Training
33    Institute  Act  is  amended  by  changing Sections 1 and 2 as
 
                            -155-    LRB093 08082 NHT 08283 b
 1    follows:

 2        (110 ILCS 530/1) (from Ch. 144, par. 691)
 3        Sec. 1. The Board of Trustees of  the  Southern  Illinois
 4    University  at  Carbondale shall establish a Sewage Treatment
 5    Plant Operators Training Institute and a Public Water  Supply
 6    Operators Training Institute and shall designate the location
 7    within  this  State for and the number of times each year the
 8    programs provided for in this Act shall be offered.
 9    (Source: Laws 1967, p. 3465.)

10        (110 ILCS 530/2) (from Ch. 144, par. 692)
11        Sec. 2.  There is created the Sewage Treatment  Operators
12    Training  Institute  Committee composed of 3 sewage treatment
13    operators designated by the Governor and 3 representatives of
14    Southern Illinois University at Carbondale designated by  the
15    Board of Trustees thereof and a Public Water Supply Operators
16    Training  Institute  Committee  composed  of  3  public water
17    supply  operators  designated   by   the   Governor   and   3
18    representatives of Southern Illinois University at Carbondale
19    designated  by  the Board of Trustees thereof. However, if in
20    the discretion of the Board of Trustees of Southern  Illinois
21    University at Carbondale the purposes of this Act can best be
22    served  by one committee, such committee shall be composed of
23    6 members designated by the Governor, 3 of  whom  are  sewage
24    treatment  operators  and  3  of whom are public water supply
25    operators,  and  3  representatives  of   Southern   Illinois
26    University  at Carbondale designated by the Board of Trustees
27    thereof.  Members  of  the  Committee  shall  serve   without
28    compensation   but  shall  be  reimbursed  for  their  actual
29    expenses incurred in the performance of their duties. Members
30    shall serve at  the  pleasure  of  the  appointing  authority
31    designating them to Committee membership.
32    (Source: P.A. 84-1308.)
 
                            -156-    LRB093 08082 NHT 08283 b
 1        Section 245.  The Chicago State University Law is amended
 2    by changing Section 5-90 as follows:

 3        (110 ILCS 660/5-90)
 4        Sec. 5-90.  Partial tuition waivers.
 5        (a)  As  used  in  this  Section,  "Illinois  college  or
 6    university"  means  any  of the following:  the University of
 7    Illinois,  Southern  Illinois   University   at   Carbondale,
 8    Southern  Illinois  University at Edwardsville, Chicago State
 9    University,  Eastern  Illinois  University,  Governors  State
10    University, Illinois State University, Northeastern  Illinois
11    University,   Northern   Illinois   University,  and  Western
12    Illinois University.
13        (b)  Each year the  Board  of  Chicago  State  University
14    shall  offer  50% tuition waivers for undergraduate education
15    at any  campus  under  its  governance  to  the  children  of
16    employees  of an Illinois college or university who have been
17    employed by any one or by more than one Illinois  college  or
18    university  for  an aggregate period of at least 7 years.  To
19    be eligible to receive a partial tuition waiver, the child of
20    an employee of an Illinois college or university (i) must  be
21    under  the age of 25 at the commencement of the academic year
22    during which the partial tuition waiver is to  be  effective,
23    and   (ii)  must  qualify  for  admission  to  Chicago  State
24    University under the same admissions requirements,  standards
25    and  policies  which  Chicago  State  University  applies  to
26    applicants   for   admission   generally  to  its  respective
27    undergraduate colleges and programs.
28        (c)  Subject  to  the  provisions  and   limitations   of
29    subsection  (b),  an  eligible applicant who has continued to
30    maintain satisfactory academic progress toward graduation may
31    have his or her partial tuition waiver renewed until the time
32    as he or she has expended 4 years  of  undergraduate  partial
33    tuition waiver benefits under this Section.
 
                            -157-    LRB093 08082 NHT 08283 b
 1        (d)  No  partial  tuition  waiver offered or allocated to
 2    any eligible applicant in accordance with the  provisions  of
 3    this  Section  shall  be  charged  against any tuition waiver
 4    limitation  established  by  the  Illinois  Board  of  Higher
 5    Education.
 6        (e)  The Board shall prescribe rules and  regulations  as
 7    are  necessary  to implement and administer the provisions of
 8    this Section.
 9    (Source: P.A. 89-4, eff. 1-1-96; 90-282, eff. 1-1-98.)

10        Section 250.  The  Eastern  Illinois  University  Law  is
11    amended by changing Section 10-90 as follows:

12        (110 ILCS 665/10-90)
13        Sec. 10-90.  Partial tuition waivers.
14        (a)  As  used  in  this  Section,  "Illinois  college  or
15    university"  means  any  of the following:  the University of
16    Illinois,  Southern  Illinois   University   at   Carbondale,
17    Southern  Illinois  University at Edwardsville, Chicago State
18    University,  Eastern  Illinois  University,  Governors  State
19    University, Illinois State University, Northeastern  Illinois
20    University,   Northern   Illinois   University,  and  Western
21    Illinois University.
22        (b)  Each year the Board of Eastern  Illinois  University
23    shall  offer  50% tuition waivers for undergraduate education
24    at any  campus  under  its  governance  to  the  children  of
25    employees  of an Illinois college or university who have been
26    employed by any one or by more than one Illinois  college  or
27    university  for  an aggregate period of at least 7 years.  To
28    be eligible to receive a partial tuition waiver, the child of
29    an employee of an Illinois college or university (i) must  be
30    under  the age of 25 at the commencement of the academic year
31    during which the partial tuition waiver is to  be  effective,
32    and  (ii)  must  qualify  for  admission  to Eastern Illinois
 
                            -158-    LRB093 08082 NHT 08283 b
 1    University under the same admissions requirements,  standards
 2    and  policies  which  Eastern  Illinois University applies to
 3    applicants  for  admission  generally   to   its   respective
 4    undergraduate colleges and programs.
 5        (c)  Subject   to   the  provisions  and  limitations  of
 6    subsection (b), an eligible applicant who  has  continued  to
 7    maintain satisfactory academic progress toward graduation may
 8    have his or her partial tuition waiver renewed until the time
 9    as  he  or  she has expended 4 years of undergraduate partial
10    tuition waiver benefits under this Section.
11        (d)  No partial tuition waiver offered  or  allocated  to
12    any  eligible  applicant in accordance with the provisions of
13    this Section shall be  charged  against  any  tuition  waiver
14    limitation  established  by  the  Illinois  Board  of  Higher
15    Education.
16        (e)  The  Board  shall prescribe rules and regulations as
17    are necessary to implement and administer the  provisions  of
18    this Section.
19    (Source: P.A. 89-4, eff. 1-1-96; 90-282, eff. 1-1-98.)

20        Section  255.   The  Governors  State  University  Law is
21    amended by changing Section 15-90 as follows:

22        (110 ILCS 670/15-90)
23        Sec. 15-90.  Partial tuition waivers.
24        (a)  As  used  in  this  Section,  "Illinois  college  or
25    university" means any of the following:   the  University  of
26    Illinois,   Southern   Illinois   University  at  Carbondale,
27    Southern Illinois University at Edwardsville,  Chicago  State
28    University,  Eastern  Illinois  University,  Governors  State
29    University,  Illinois State University, Northeastern Illinois
30    University,  Northern  Illinois   University,   and   Western
31    Illinois University.
32        (b)  Each  year  the  Board of Governors State University
 
                            -159-    LRB093 08082 NHT 08283 b
 1    shall offer 50% tuition waivers for  undergraduate  education
 2    at  any  campus  under  its  governance  to  the  children of
 3    employees of an Illinois college or university who have  been
 4    employed  by  any one or by more than one Illinois college or
 5    university for an aggregate period of at least 7  years.   To
 6    be eligible to receive a partial tuition waiver, the child of
 7    an  employee of an Illinois college or university (i) must be
 8    under the age of 25 at the commencement of the academic  year
 9    during  which  the partial tuition waiver is to be effective,
10    and (ii)  must  qualify  for  admission  to  Governors  State
11    University  under the same admissions requirements, standards
12    and policies which  Governors  State  University  applies  to
13    applicants   for   admission   generally  to  its  respective
14    undergraduate colleges and programs.
15        (c)  Subject  to  the  provisions  and   limitations   of
16    subsection  (b),  an  eligible applicant who has continued to
17    maintain satisfactory academic progress toward graduation may
18    have his or her partial tuition waiver renewed until the time
19    as he or she has expended 4 years  of  undergraduate  partial
20    tuition waiver benefits under this Section.
21        (d)  No  partial  tuition  waiver offered or allocated to
22    any eligible applicant in accordance with the  provisions  of
23    this  Section  shall  be  charged  against any tuition waiver
24    limitation  established  by  the  Illinois  Board  of  Higher
25    Education.
26        (e)  The Board shall prescribe rules and  regulations  as
27    are  necessary  to implement and administer the provisions of
28    this Section.
29    (Source: P.A. 89-4, eff. 1-1-96; 90-282, eff. 1-1-98.)

30        Section  260.   The  Illinois  State  University  Law  is
31    amended by changing Section 20-90 as follows:

32        (110 ILCS 675/20-90)
 
                            -160-    LRB093 08082 NHT 08283 b
 1        Sec. 20-90.  Partial tuition waivers.
 2        (a)  As  used  in  this  Section,  "Illinois  college  or
 3    university" means any of the following:   the  University  of
 4    Illinois,   Southern   Illinois   University  at  Carbondale,
 5    Southern Illinois University at Edwardsville,  Chicago  State
 6    University,  Eastern  Illinois  University,  Governors  State
 7    University,  Illinois State University, Northeastern Illinois
 8    University,  Northern  Illinois   University,   and   Western
 9    Illinois University.
10        (b)  Each  year  the  Board  of Illinois State University
11    shall offer 50% tuition waivers for  undergraduate  education
12    at  any  campus  under  its  governance  to  the  children of
13    employees of an Illinois college or university who have  been
14    employed  by  any one or by more than one Illinois college or
15    university for an aggregate period of at least 7  years.   To
16    be eligible to receive a partial tuition waiver, the child of
17    an  employee of an Illinois college or university (i) must be
18    under the age of 25 at the commencement of the academic  year
19    during  which  the partial tuition waiver is to be effective,
20    and  (ii)  must  qualify  for  admission  to  Illinois  State
21    University under the same admissions requirements,  standards
22    and  policies  which  Illinois  State  University  applies to
23    applicants  for  admission  generally   to   its   respective
24    undergraduate colleges and programs.
25        (c)  Subject   to   the  provisions  and  limitations  of
26    subsection (b), an eligible applicant who  has  continued  to
27    maintain satisfactory academic progress toward graduation may
28    have his or her partial tuition waiver renewed until the time
29    as  he  or  she has expended 4 years of undergraduate partial
30    tuition waiver benefits under this Section.
31        (d)  No partial tuition waiver offered  or  allocated  to
32    any  eligible  applicant in accordance with the provisions of
33    this Section shall be  charged  against  any  tuition  waiver
34    limitation  established  by  the  Illinois  Board  of  Higher
 
                            -161-    LRB093 08082 NHT 08283 b
 1    Education.
 2        (e)  The  Board  shall prescribe rules and regulations as
 3    are necessary to implement and administer the  provisions  of
 4    this Section.
 5    (Source: P.A. 89-4, eff. 1-1-96; 90-282, eff. 1-1-98.)

 6        Section 265.  The Northeastern Illinois University Law is
 7    amended by changing Section 25-90 as follows:

 8        (110 ILCS 680/25-90)
 9        Sec. 25-90.  Partial tuition waivers.
10        (a)  As  used  in  this  Section,  "Illinois  college  or
11    university"  means  any  of the following:  the University of
12    Illinois,  Southern  Illinois   University   at   Carbondale,
13    Southern  Illinois  University at Edwardsville, Chicago State
14    University,  Eastern  Illinois  University,  Governors  State
15    University, Illinois State University, Northeastern  Illinois
16    University,   Northern   Illinois   University,  and  Western
17    Illinois University.
18        (b)  Each  year  the  Board  of   Northeastern   Illinois
19    University  shall offer 50% tuition waivers for undergraduate
20    education at any campus under its governance to the  children
21    of  employees  of  an Illinois college or university who have
22    been employed by any one or by more than one Illinois college
23    or university for an aggregate period of at  least  7  years.
24    To be eligible to receive a partial tuition waiver, the child
25    of  an employee of an Illinois college or university (i) must
26    be under the age of 25 at the commencement  of  the  academic
27    year  during  which  the  partial  tuition  waiver  is  to be
28    effective,  and  (ii)   must   qualify   for   admission   to
29    Northeastern  Illinois  University  under the same admissions
30    requirements,  standards  and  policies  which   Northeastern
31    Illinois  University  applies  to  applicants  for  admission
32    generally   to  its  respective  undergraduate  colleges  and
 
                            -162-    LRB093 08082 NHT 08283 b
 1    programs.
 2        (c)  Subject  to  the  provisions  and   limitations   of
 3    subsection  (b),  an  eligible applicant who has continued to
 4    maintain satisfactory academic progress toward graduation may
 5    have his or her partial tuition waiver renewed until the time
 6    as he or she has expended 4 years  of  undergraduate  partial
 7    tuition waiver benefits under this Section.
 8        (d)  No  partial  tuition  waiver offered or allocated to
 9    any eligible applicant in accordance with the  provisions  of
10    this  Section  shall  be  charged  against any tuition waiver
11    limitation  established  by  the  Illinois  Board  of  Higher
12    Education.
13        (e)  The Board shall prescribe rules and  regulations  as
14    are  necessary  to implement and administer the provisions of
15    this Section.
16    (Source: P.A. 89-4, eff. 1-1-96; 90-282, eff. 1-1-98.)

17        Section 270.  The Northern  Illinois  University  Law  is
18    amended by changing Section 30-90 as follows:

19        (110 ILCS 685/30-90)
20        Sec. 30-90.  Partial tuition waivers.
21        (a)  As  used  in  this  Section,  "Illinois  college  or
22    university"  means  any  of the following:  the University of
23    Illinois,  Southern  Illinois   University   at   Carbondale,
24    Southern  Illinois  University at Edwardsville, Chicago State
25    University,  Eastern  Illinois  University,  Governors  State
26    University, Illinois State University, Northeastern  Illinois
27    University,   Northern   Illinois   University,  and  Western
28    Illinois University.
29        (b)  Each year the Board of Northern Illinois  University
30    shall  offer  50% tuition waivers for undergraduate education
31    at any  campus  under  its  governance  to  the  children  of
32    employees  of an Illinois college or university who have been
 
                            -163-    LRB093 08082 NHT 08283 b
 1    employed by any one or by more than one Illinois  college  or
 2    university  for  an aggregate period of at least 7 years.  To
 3    be eligible to receive a partial tuition waiver, the child of
 4    an employee of an Illinois college or university (i) must  be
 5    under  the age of 25 at the commencement of the academic year
 6    during which the partial tuition waiver is to  be  effective,
 7    and  (ii)  must  qualify  for  admission to Northern Illinois
 8    University under the same admissions requirements,  standards
 9    and  policies  which  Northern Illinois University applies to
10    applicants  for  admission  generally   to   its   respective
11    undergraduate colleges and programs.
12        (c)  Subject   to   the  provisions  and  limitations  of
13    subsection (b), an eligible applicant who  has  continued  to
14    maintain satisfactory academic progress toward graduation may
15    have his or her partial tuition waiver renewed until the time
16    as  he  or  she has expended 4 years of undergraduate partial
17    tuition waiver benefits under this Section.
18        (d)  No partial tuition waiver offered  or  allocated  to
19    any  eligible  applicant in accordance with the provisions of
20    this Section shall be  charged  against  any  tuition  waiver
21    limitation  established  by  the  Illinois  Board  of  Higher
22    Education.
23        (e)  The  Board  shall prescribe rules and regulations as
24    are necessary to implement and administer the  provisions  of
25    this Section.
26    (Source: P.A. 89-4, eff. 1-1-96; 90-282, eff. 1-1-98.)

27        Section  275.   The  Western  Illinois  University Law is
28    amended by changing Section 35-90 as follows:

29        (110 ILCS 690/35-90)
30        Sec. 35-90.  Partial tuition waivers.
31        (a)  As  used  in  this  Section,  "Illinois  college  or
32    university" means any of the following:   the  University  of
 
                            -164-    LRB093 08082 NHT 08283 b
 1    Illinois,   Southern   Illinois   University  at  Carbondale,
 2    Southern Illinois University at Edwardsville,  Chicago  State
 3    University,  Eastern  Illinois  University,  Governors  State
 4    University,  Illinois State University, Northeastern Illinois
 5    University,  Northern  Illinois   University,   and   Western
 6    Illinois University.
 7        (b)  Each  year  the Board of Western Illinois University
 8    shall offer 50% tuition waivers for  undergraduate  education
 9    at  any  campus  under  its  governance  to  the  children of
10    employees of an Illinois college or university who have  been
11    employed  by  any one or by more than one Illinois college or
12    university for an aggregate period of at least 7  years.   To
13    be eligible to receive a partial tuition waiver, the child of
14    an  employee of an Illinois college or university (i) must be
15    under the age of 25 at the commencement of the academic  year
16    during  which  the partial tuition waiver is to be effective,
17    and (ii) must  qualify  for  admission  to  Western  Illinois
18    University  under the same admissions requirements, standards
19    and policies which Western  Illinois  University  applies  to
20    applicants   for   admission   generally  to  its  respective
21    undergraduate colleges and programs.
22        (c)  Subject  to  the  provisions  and   limitations   of
23    subsection  (b),  an  eligible applicant who has continued to
24    maintain satisfactory academic progress toward graduation may
25    have his or her partial tuition waiver renewed until the time
26    as he or she has expended 4 years  of  undergraduate  partial
27    tuition waiver benefits under this Section.
28        (d)  No  partial  tuition  waiver offered or allocated to
29    any eligible applicant in accordance with the  provisions  of
30    this  Section  shall  be  charged  against any tuition waiver
31    limitation  established  by  the  Illinois  Board  of  Higher
32    Education.
33        (e)  The Board shall prescribe rules and  regulations  as
34    are  necessary  to implement and administer the provisions of
 
                            -165-    LRB093 08082 NHT 08283 b
 1    this Section.
 2    (Source: P.A. 89-4, eff. 1-1-96; 90-282, eff. 1-1-98.)

 3        Section 280.  The Baccalaureate Savings Act is amended by
 4    changing Section 3 as follows:

 5        (110 ILCS 920/3) (from Ch. 144, par. 2403)
 6        Sec. 3.  Definitions.  The following terms shall have the
 7    meanings ascribed to them in this Section unless the  context
 8    clearly indicates otherwise:
 9        (a)  "College  Savings  Bonds"  mean  general  obligation
10    bonds  of  the State issued under the General Obligation Bond
11    Act in accordance with this Act  and  designated  as  General
12    Obligation College Savings Bonds.
13        (b)  "Institution  of  Higher  Education"  includes:  The
14    University  of  Illinois;  Southern  Illinois  University  at
15    Carbondale;  Southern  Illinois  University  at Edwardsville;
16    Chicago  State  University;  Eastern   Illinois   University;
17    Governors   State   University;  Illinois  State  University;
18    Northeastern   Illinois   University;    Northern    Illinois
19    University; Western Illinois University; the public community
20    colleges  of the State; any public universities, colleges and
21    community colleges now or hereafter established or authorized
22    by  the   General   Assembly;   any   nonpublicly   supported
23    postsecondary educational organization located and authorized
24    to   operate   in   this   State  which  operates  privately,
25    not-for-profit. "Institution of higher  education"  does  not
26    include  any  educational  organization  used  for  sectarian
27    instruction,  as  a place of religious teaching or worship or
28    for any religious denomination or the training of  ministers,
29    priests, rabbis or other professional persons in the field of
30    religion.
31    (Source: P.A. 89-4, eff. 1-1-96; 90-372, eff. 7-1-98.)
 
                            -166-    LRB093 08082 NHT 08283 b
 1        Section 285.  The Higher Education Student Assistance Act
 2    is  amended by changing Sections 45, 65, 65.20, 65.25, 65.30,
 3    and 65.40 as follows:

 4        (110 ILCS 947/45)
 5        Sec. 45. Illinois National Guard grant program.
 6        (a)  As used in this Section:
 7        "State controlled university or community college"  means
 8    those  institutions  under  the administration of the Chicago
 9    State University Board  of  Trustees,  the  Eastern  Illinois
10    University  Board of Trustees, the Governors State University
11    Board of Trustees, the Illinois  State  University  Board  of
12    Trustees,  the  Northeastern  Illinois  University  Board  of
13    Trustees, the Northern Illinois University Board of Trustees,
14    the  Western  Illinois University Board of Trustees, Southern
15    Illinois University at Carbondale Board of Trustees, Southern
16    Illinois  University  at  Edwardsville  Board  of   Trustees,
17    University  of  Illinois  Board  of Trustees, or the Illinois
18    Community College Board.
19        "Tuition and fees" shall not  include  expenses  for  any
20    sectarian  or denominational instruction, the construction or
21    maintenance of sectarian or denominational facilities, or any
22    other sectarian or denominational purposes or activity.
23        "Fees" means matriculation, graduation,  activity,  term,
24    or  incidental  fees. Exemption shall not be granted from any
25    other  fees,  including  book  rental,  service,  laboratory,
26    supply,  and  union  building  fees,  hospital  and   medical
27    insurance  fees,  and  any fees established for the operation
28    and maintenance of buildings, the income of which is  pledged
29    to  the  payment of interest and principal on bonds issued by
30    the governing board of any university or community college.
31        (b)  Any enlisted person or any  company  grade  officer,
32    including warrant officers, First and Second Lieutenants, and
33    Captains  in  the Army and Air National Guard, who has served
 
                            -167-    LRB093 08082 NHT 08283 b
 1    at least one year in the  Illinois  National  Guard  and  who
 2    possesses  all  necessary  entrance  requirements shall, upon
 3    application and proper proof,  be  awarded  a  grant  to  the
 4    State-controlled  university  or  community college of his or
 5    her choice, consisting of exemption from tuition and fees for
 6    not  more  than  the  equivalent  of  4  years  of  full-time
 7    enrollment in relation to his or her course of study at  that
 8    State  controlled university or community college while he or
 9    she is a member of  the  Illinois  National  Guard.   If  the
10    recipient  of  any grant awarded under this Section ceases to
11    be a  member of the Illinois National Guard while enrolled in
12    a course of study  under  that  grant,  the  grant  shall  be
13    terminated as of the date membership in the Illinois National
14    Guard ended, and the recipient shall be permitted to complete
15    the school term in which he or she is then enrolled only upon
16    payment  of  tuition  and other fees allocable to the part of
17    the term then remaining. If the recipient of the grant  fails
18    to  complete  his  or  her  military  service  obligations or
19    requirements for satisfactory participation,  the  Department
20    of  Military Affairs shall require the recipient to repay the
21    amount of the  grant  received,  prorated  according  to  the
22    fraction  of  the  service  obligation not completed, and, if
23    applicable, reasonable collection  fees.  The  Department  of
24    Military  Affairs  may adopt rules relating to its collection
25    activities for repayment of the  grant  under  this  Section.
26    Unsatisfactory   participation  shall  be  defined  by  rules
27    adopted by the Department  of  Military  Affairs.  Repayments
28    shall  be  deposited  in  the National Guard Grant Fund.  The
29    National Guard Grant Fund is created as a special fund in the
30    State treasury.  All money in the National Guard  Grant  Fund
31    shall be used, subject to appropriation, by the Department of
32    Military Affairs for the purposes of this Section.
33        A grant awarded under this Section shall be considered an
34    entitlement   which   the   State-controlled   university  or
 
                            -168-    LRB093 08082 NHT 08283 b
 1    community college in which the holder is enrolled shall honor
 2    without any condition other than the holder's maintenance  of
 3    minimum   grade   levels  and  a  satisfactory  student  loan
 4    repayment record pursuant to subsection (c) of Section 20  of
 5    this Act.
 6        (c)  Subject   to   a  separate  appropriation  for  such
 7    purposes, the Commission may reimburse  the  State-controlled
 8    university or community college for grants authorized by this
 9    Section.
10    (Source: P.A. 92-589, eff. 7-1-02.)

11        (110 ILCS 947/65)
12        Sec. 65. Student to student grant program.
13        (a)  As used in this Section:
14             "Voluntary  contribution"  includes  fees  collected
15        from students by college or university officials when the
16        fee  is  optional  or refundable to students and has been
17        approved by a majority of those voting in  a  campus-wide
18        referendum of students.
19             "College   or   university"   means   any   of   the
20        State-supported    institutions    of   higher   learning
21        administered by the Board of Trustees of  the  University
22        of  Illinois,  the Board of Trustees of Southern Illinois
23        University  at  Carbondale,  the  Board  of  Trustees  of
24        Southern Illinois University at Edwardsville,  the  Board
25        of  Trustees  of  Chicago  State University, the Board of
26        Trustees of Eastern Illinois  University,  the  Board  of
27        Trustees  of  Governors  State  University,  the Board of
28        Trustees of  Illinois  State  University,  the  Board  of
29        Trustees  of  Northeastern Illinois University, the Board
30        of Trustees of Northern Illinois University, the Board of
31        Trustees of Western Illinois University, or the boards of
32        trustees  of  public  community  college   districts   as
33        established  and  defined by the Public Community College
 
                            -169-    LRB093 08082 NHT 08283 b
 1        Act.
 2        (b)  Subject  to  a  separate  appropriation   for   such
 3    purposes,  the  Commission shall make matching grants to each
 4    college  or  university  for  a  program  of  student   grant
 5    assistance. Such grants shall match equally the amount raised
 6    by  college  or  university  students  for the grant program.
 7    Contributions from individuals who are not then  enrolled  as
 8    college   or   university   students   or   from  private  or
 9    eleemosynary groups and associations  made  directly  to  the
10    student fund or through a college or university student shall
11    not  be  included  in  the  total amount that the State shall
12    match. If the  sum  appropriated  is  insufficient  to  match
13    equally  the amount raised by students, the amount payable to
14    each college or  university shall be proportionately reduced.
15        (c)  Grant  programs  under   this   Section   shall   be
16    administered  by each college or university, and grants under
17    those programs shall be awarded  to  individuals  on  a  need
18    basis as prescribed by the Commission.
19        (d)  No  grant  to  any student from funds raised through
20    voluntary  contributions   and   matched   from   the   State
21    appropriation under this Section may exceed $1,000 per year.
22        (e)  Each  college  or  university  shall  submit  to the
23    Commission an annual report of the activities, operation  and
24    results of its grant program under this Section.
25    (Source: P.A. 89-4, eff. 1-1-96.)

26        (110 ILCS 947/65.20)
27        Sec. 65.20.  Science-mathematics teacher scholarships.
28        (a)  The  Commission  may  annually  award  a  number  of
29    scholarships,  not  to  exceed  200, to persons holding valid
30    teaching certificates issued under Article 21 of  the  School
31    Code.  Such scholarships shall be issued to teachers who make
32    application  to  the Commission and who agree to take courses
33    at  qualified  institutions  of  higher  learning  that  will
 
                            -170-    LRB093 08082 NHT 08283 b
 1    prepare them to teach science or mathematics at the secondary
 2    school level.
 3        (b)  Scholarships awarded under  this  Section  shall  be
 4    issued pursuant to regulations promulgated by the Commission;
 5    provided  that no rule or regulation promulgated by the State
 6    Board of Education  prior  to  the  effective  date  of  this
 7    amendatory Act of 1993 pursuant to the exercise of any right,
 8    power,  duty,  responsibility  or  matter of pending business
 9    transferred  from  the  State  Board  of  Education  to   the
10    Commission  under this Section shall be affected thereby, and
11    all such rules and regulations shall  become  the  rules  and
12    regulations  of  the  Commission until modified or changed by
13    the  Commission  in  accordance  with   law.    In   awarding
14    scholarships,  the  Commission  shall  give priority to those
15    teachers with the greatest amount of seniority within  school
16    districts.
17        (c)  Each scholarship shall be utilized by its holder for
18    the payment of tuition at any qualified institution of higher
19    learning.   Such  tuition shall be available only for courses
20    that will enable the teacher to be certified to teach science
21    or mathematics at the secondary school level. The Commission,
22    in consultation with the State Teacher  Certification  Board,
23    shall  determine  which  courses  are  eligible  for  tuition
24    payments under this Section.
25        (d)  The  Commission shall make tuition payments directly
26    to the qualified institution of  higher  learning  which  the
27    teacher  attends  for  the  courses  prescribed  or  may make
28    payments to the teacher.  Any teacher who  receives  payments
29    and  who  fails  to  enroll  in  the courses prescribed shall
30    refund the payments to the Commission.
31        (e)  Following the completion of the  program  of  study,
32    the  teacher  must  accept  employment  within  2  years in a
33    secondary school in Illinois within 60 miles of the teacher's
34    residence to teach science or mathematics; provided, however,
 
                            -171-    LRB093 08082 NHT 08283 b
 1    that the teacher  instead  may  elect  to  accept  employment
 2    within  such 2 year period to teach science or mathematics in
 3    a secondary school in Illinois which is more  than  60  miles
 4    from  the  teacher's  residence.  Teachers who fail to comply
 5    with this provision  shall  refund  all  of  the  scholarship
 6    awarded   to  the  Commission,  whether  payments  were  made
 7    directly to the institutions of higher  learning  or  to  the
 8    teachers, and this condition shall be agreed to in writing by
 9    all  scholarship  recipients  at  the time the scholarship is
10    awarded.  No teacher shall  be  required  to  refund  tuition
11    payments  if  his  or  her  failure to obtain employment as a
12    mathematics or science teacher in a secondary school  is  the
13    result  of financial conditions within school districts.  The
14    rules and regulations promulgated as provided in this Section
15    shall include provisions regarding the waiving  and  deferral
16    of such payments.
17        (f)  The  Commission,  with  the cooperation of the State
18    Board  of  Education,  shall   assist   teachers   who   have
19    participated  in  the scholarship program established by this
20    Section  in  finding    employment  to   teach   science   or
21    mathematics at the secondary level.
22        (g)  This  Section  is  substantially the same as Section
23    30-4b of the School Code, which Section is repealed  by  this
24    amendatory   Act  of  1993,  and  shall  be  construed  as  a
25    continuation of the science-mathematics  teacher  scholarship
26    program  established  by  that prior law, and not as a new or
27    different science-mathematics  teacher  scholarship  program.
28    The   State   Board   of  Education  shall  transfer  to  the
29    Commission, as the successor to the State Board of  Education
30    for  all  purposes  of  administering    and implementing the
31    provisions of this Section,  all  books,  accounts,  records,
32    papers,   documents,   contracts,   agreements,  and  pending
33    business in  any  way  relating  to  the  science-mathematics
34    teacher scholarship program continued under this Section; and
 
                            -172-    LRB093 08082 NHT 08283 b
 1    all  scholarships  at any time awarded under that program by,
 2    and all applications for any such scholarships  at  any  time
 3    made  to, the State Board of Education shall be unaffected by
 4    the transfer to the Commission of all responsibility for  the
 5    administration  and implementation of the science-mathematics
 6    teacher scholarship program  continued  under  this  Section.
 7    The  State Board of Education shall furnish to the Commission
 8    such other information  as  the  Commission  may  request  to
 9    assist it in administering this Section.
10        (h)  Appropriations for the scholarships outlined in this
11    Section   shall   be   made  to  the  Commission  from  funds
12    appropriated by the General Assembly.
13        (i)  For the purposes of this Section:
14        "Qualified institution  of  higher  learning"  means  the
15    University  of  Illinois,  Southern  Illinois  University  at
16    Carbondale,  Southern  Illinois  University  at Edwardsville,
17    Chicago  State  University,  Eastern   Illinois   University,
18    Governors   State   University,  Illinois  State  University,
19    Northeastern   Illinois   University,    Northern    Illinois
20    University,  Western  Illinois  University,  and  the  public
21    community  colleges  subject  to the Public Community College
22    Act.
23        "Secondary school level" means grades 9 through 12  or  a
24    portion of such grades.
25    (Source:  P.A.  88-228;  88-670,  eff.  12-2-94;  89-4,  eff.
26    1-1-96.)

27        (110 ILCS 947/65.25)
28        Sec. 65.25.  Teacher shortage scholarships.
29        (a)  The  Commission  may  annually  award  a  number  of
30    scholarships  to  persons  preparing  to  teach  in  areas of
31    identified  staff  shortages.   Such  scholarships  shall  be
32    issued to individuals who make application to the  Commission
33    and  who  agree  to take courses at qualified institutions of
 
                            -173-    LRB093 08082 NHT 08283 b
 1    higher learning which will prepare them to teach in areas  of
 2    identified staff shortages.
 3        (b)  Scholarships  awarded  under  this  Section shall be
 4    issued pursuant to regulations promulgated by the Commission;
 5    provided that no rule or regulation promulgated by the  State
 6    Board  of  Education  prior  to  the  effective  date of this
 7    amendatory Act of 1993 pursuant to the exercise of any right,
 8    power, duty, responsibility or  matter  of  pending  business
 9    transferred   from  the  State  Board  of  Education  to  the
10    Commission under this Section shall be affected thereby,  and
11    all  such  rules  and  regulations shall become the rules and
12    regulations of the Commission until modified  or  changed  by
13    the  Commission in accordance with law.  The Commission shall
14    allocate the scholarships awarded between  persons  initially
15    preparing   to   teach,   persons   holding   valid  teaching
16    certificates issued under Articles 21 and 34  of  the  School
17    Code,  and  persons  holding  a  bachelor's  degree  from any
18    accredited college or university who have been employed for a
19    minimum of 10 years in a field other than teaching.
20        (c)  Each scholarship shall be utilized by its holder for
21    the payment of tuition  and  non-revenue  bond  fees  at  any
22    qualified  institution  of  higher learning. Such tuition and
23    fees shall be available only for courses that will enable the
24    individual to be certified to teach in  areas  of  identified
25    staff   shortages.   The  Commission  shall  determine  which
26    courses are eligible for tuition payments under this Section.
27        (d)  The Commission may make tuition payments directly to
28    the  qualified  institution  of  higher  learning  which  the
29    individual attends for the courses  prescribed  or  may  make
30    payments  to  the teacher.  Any teacher who received payments
31    and who fails to  enroll  in  the  courses  prescribed  shall
32    refund the payments to the Commission.
33        (e)  Following  the  completion  of the program of study,
34    persons who held  valid  teaching  certificates  and  persons
 
                            -174-    LRB093 08082 NHT 08283 b
 1    holding  a  bachelor's  degree from any accredited college or
 2    university who have been employed for a minimum of  10  years
 3    in  a  field other than teaching prior to receiving a teacher
 4    shortage scholarship must accept employment within 2 years in
 5    a  school  in  Illinois  within  60  miles  of  the  person's
 6    residence to teach in an area of  identified  staff  shortage
 7    for  a period of at least 3 years; provided, however that any
 8    such person instead may elect  to  accept  employment  within
 9    such  2  year  period to teach in an area of identified staff
10    shortage for a period of at least 3  years  in  a  school  in
11    Illinois  which  is  more  than  60  miles from such person's
12    residence. Persons initially  preparing  to  teach  prior  to
13    receiving   a   teacher   shortage  scholarship  must  accept
14    employment within 2 years in a school in Illinois to teach in
15    an area of identified staff shortage for a period of at least
16    3 years.  Individuals who fail to comply with this  provision
17    shall   refund   all  of  the  scholarships  awarded  to  the
18    Commission,  whether  payments  were  made  directly  to  the
19    institutions of higher learning or to  the  individuals,  and
20    this   condition  shall  be  agreed  to  in  writing  by  all
21    scholarship  recipients  at  the  time  the  scholarship   is
22    awarded.   No  individual shall be required to refund tuition
23    payments if his or her failure  to  obtain  employment  as  a
24    teacher  in  a  school  is the result of financial conditions
25    within  school  districts.    The   rules   and   regulations
26    promulgated   as  provided  in  this  Section  shall  contain
27    provisions  regarding  the  waiving  and  deferral  of   such
28    payments.
29        (f)  The  Commission,  with  the cooperation of the State
30    Board  of  Education,  shall  assist  individuals  who   have
31    participated  in  the scholarship program established by this
32    Section in finding employment in areas  of  identified  staff
33    shortages.
34        (g)  Beginning    in   September,   1994   and   annually
 
                            -175-    LRB093 08082 NHT 08283 b
 1    thereafter, the Commission, using data annually  supplied  by
 2    the State Board of Education under procedures developed by it
 3    to  measure  the  level  of  shortage  of qualified bilingual
 4    personnel serving students with disabilities, shall  annually
 5    publish  (i)  the  level  of  shortage of qualified bilingual
 6    personnel  serving  students  with  disabilities,  and   (ii)
 7    allocations   of   scholarships   for  personnel  preparation
 8    training programs in the areas of bilingual special education
 9    teacher training and bilingual school service personnel.
10        (h)  Appropriations for the scholarships outlined in this
11    Section  shall  be  made  to  the   Commission   from   funds
12    appropriated by the General Assembly.
13        (i)  This  Section  is  substantially the same as Section
14    30-4c of the School Code, which Section is repealed  by  this
15    amendatory   Act  of  1993,  and  shall  be  construed  as  a
16    continuation of  the  teacher  shortage  scholarship  program
17    established  under  that  prior  law,  and  not  as  a new or
18    different teacher shortage scholarship  program.   The  State
19    Board  of  Education shall transfer to the Commission, as the
20    successor to the State Board of Education for all purposes of
21    administering    and  implementing  the  provisions  of  this
22    Section, all books,  accounts,  records,  papers,  documents,
23    contracts,  agreements,  and  pending  business  in  any  way
24    relating   to   the   teacher  shortage  scholarship  program
25    continued under this Section; and  all  scholarships  at  any
26    time  awarded under that program by, and all applications for
27    any such scholarships at any time made to, the State Board of
28    Education  shall  be  unaffected  by  the  transfer  to   the
29    Commission  of  all responsibility for the administration and
30    implementation of the teacher  shortage  scholarship  program
31    continued  under  this Section.  The State Board of Education
32    shall furnish to the Commission such other information as the
33    Commission may request to assist  it  in  administering  this
34    Section.
 
                            -176-    LRB093 08082 NHT 08283 b
 1        (j)  For the purposes of this Section:
 2        "Qualified  institution  of  higher  learning"  means the
 3    University  of  Illinois,  Southern  Illinois  University  at
 4    Carbondale, Southern  Illinois  University  at  Edwardsville,
 5    Chicago   State   University,  Eastern  Illinois  University,
 6    Governors  State  University,  Illinois   State   University,
 7    Northeastern    Illinois    University,   Northern   Illinois
 8    University, Western Illinois University, the public community
 9    colleges subject to the Public Community College Act and  any
10    Illinois  privately  operated  college,  community college or
11    university offering degrees and instructional programs  above
12    the   high   school   level   either   in   residence  or  by
13    correspondence.   The  Board  of  Higher  Education  and  the
14    Commission,  in  consultation  with  the   State   Board   of
15    Education,  shall  identify  qualified institutions to supply
16    the demand  for  bilingual  special  education  teachers  and
17    bilingual school service personnel.
18        "Areas  of  identified  staff shortages" means courses of
19    study in which the number of teachers is insufficient to meet
20    student or school district demand  for  such  instruction  as
21    determined by the State Board of Education.
22    (Source: P.A. 88-228; 89-4, eff. 1-1-96.)

23        (110 ILCS 947/65.30)
24        Sec. 65.30.  Equal opportunity scholarships.
25        (a)  The  Commission  may  annually  award  a  number  of
26    scholarships  to  students  who  are  interested  in pursuing
27    studies in  educational  administration.   Such  scholarships
28    shall  be  issued  to  students  who  make application to the
29    Commission  and  who  agree  to  take  courses  at  qualified
30    institutions of higher  learning  that  will  allow  them  to
31    complete a degree in educational administration.
32        (b)  Scholarships  awarded  under  this  Section shall be
33    issued pursuant to regulations promulgated by the Commission;
 
                            -177-    LRB093 08082 NHT 08283 b
 1    provided that no rule or regulation promulgated by the  State
 2    Board  of  Education  prior  to  the  effective  date of this
 3    amendatory Act of 1993 pursuant to the exercise of any right,
 4    power, duty, responsibility or  matter  of  pending  business
 5    transferred   from  the  State  Board  of  Education  to  the
 6    Commission under this Section shall be affected thereby,  and
 7    all  such  rules  and  regulations shall become the rules and
 8    regulations of the Commission until modified  or  changed  by
 9    the Commission in accordance with law.
10        (c)  Such  scholarships shall be utilized for the payment
11    of  tuition  and  non-revenue  bond  fees  at  any  qualified
12    institution of higher learning.  Such tuition and fees  shall
13    only be available for courses that will enable the student to
14    complete   training   in   educational  administration.   The
15    Commission shall determine which  courses  are  eligible  for
16    tuition payments under this Section.
17        (d)  The Commission may make tuition payments directly to
18    the  qualified  institution  of  higher  learning  which  the
19    student  attends  for  the  courses  prescribed  or  may make
20    payments to the student.  Any student who  receives  payments
21    and  who  fails  to  enroll  in  the courses prescribed shall
22    refund the payments to the Commission.
23        (e)  The Commission, with the cooperation  of  the  State
24    Board   of   Education,   shall   assist  students  who  have
25    participated in the scholarship program established  by  this
26    Section  in  finding  employment  in  positions  relating  to
27    educational administration.
28        (f)  Appropriations for the scholarships outlined in this
29    Section   shall   be   made  to  the  Commission  from  funds
30    appropriated by the General Assembly.
31        (g)  This Section is substantially the  same  as  Section
32    30-4d  of  the School Code, which Section is repealed by this
33    amendatory  Act  of  1993,  and  shall  be  construed  as   a
34    continuation  of  the  equal  opportunity scholarship program
 
                            -178-    LRB093 08082 NHT 08283 b
 1    established under that  prior  law,  and  not  as  a  new  or
 2    different  equal  opportunity scholarship program.  The State
 3    Board of Education shall transfer to the Commission,  as  the
 4    successor to the State Board of Education for all purposes of
 5    administering    and  implementing  the  provisions  of  this
 6    Section,  all  books,  accounts,  records, papers, documents,
 7    contracts,  agreements,  and  pending  business  in  any  way
 8    relating  to  the  equal  opportunity   scholarship   program
 9    continued  under  this  Section;  and all scholarships at any
10    time awarded under that program by, and all applications  for
11    any  such scholarship at any time made to, the State Board of
12    Education  shall  be  unaffected  by  the  transfer  to   the
13    Commission  of  all responsibility for the administration and
14    implementation of the equal opportunity  scholarship  program
15    continued  under  this Section.  The State Board of Education
16    shall furnish to the Commission such other information as the
17    Commission may request to assist  it  in  administering  this
18    Section.
19        (h)  For purposes of this Section:
20             (1)  "Qualified   institution  of  higher  learning"
21        means  the  University  of  Illinois;  Southern  Illinois
22        University at Carbondale; Southern Illinois University at
23        Edwardsville; Chicago State University; Eastern  Illinois
24        University;  Governors  State  University; Illinois State
25        University; Northeastern  Illinois  University;  Northern
26        Illinois  University;  Western  Illinois  University; the
27        public community colleges of the State; any other  public
28        universities,  colleges  and  community  colleges  now or
29        hereafter  established  or  authorized  by  the   General
30        Assembly;  and  any  Illinois privately operated, not for
31        profit institution located in this State  which  provides
32        at  least an organized 2-year program of collegiate grade
33        in liberal arts or sciences, or both, directly applicable
34        toward the attainment  of  a  baccalaureate  or  graduate
 
                            -179-    LRB093 08082 NHT 08283 b
 1        degree.
 2             (2)  "Racial minority" means a:
 3                  (i)  Black  (a  person having origins in any of
 4             the black racial groups in Africa);
 5                  (ii)  Hispanic  (a   person   of   Spanish   or
 6             Portuguese  culture with origins in Mexico, South or
 7             Central   America,   or   the   Caribbean   Islands,
 8             regardless of race);
 9                  (iii)  Asian American (a person having  origins
10             in  any  of  the  original  peoples of the Far East,
11             Southeast  Asia,  the  Indian  Subcontinent  or  the
12             Pacific Islands); or
13                  (iv)  American  Indian  or  Alaskan  Native  (a
14             person having origins in any of the original peoples
15             of North America).
16             (3)  "Student" means a woman or racial minority.
17    (Source: P.A. 91-357, eff. 7-29-99.)

18        (110 ILCS 947/65.40)
19        Sec. 65.40.  General provisions; leaves of absence.
20        (a)  The scholarships issued under Section 65.15  may  be
21    used   at  the  University  of  Illinois,  Southern  Illinois
22    University at Carbondale,  Southern  Illinois  University  at
23    Edwardsville,  Chicago  State  University,  Eastern  Illinois
24    University,   Governors   State  University,  Illinois  State
25    University,  Northeastern   Illinois   University,   Northern
26    Illinois  University, and Western Illinois University. Unless
27    otherwise indicated, the scholarships shall exempt the holder
28    from the payment of  tuition  and  other  necessary  fees  as
29    defined in Section 35 of this Act.
30        Any   student   who  has  been  or  shall  be  awarded  a
31    scholarship shall be reimbursed by the appropriate university
32    or community college for any charges which he or she has paid
33    and for which exemption is granted  under  this  Section,  if
 
                            -180-    LRB093 08082 NHT 08283 b
 1    application  for  such  reimbursement is made within 2 months
 2    following the school term for which the charges were paid.
 3        The holder of a  scholarship  shall  be  subject  to  all
 4    examinations,  rules  and  requirements  of the university or
 5    community college in which he or she is  enrolled  except  as
 6    herein directed.
 7        This  Section  does not prohibit the Board of Trustees of
 8    the University of Illinois, the Board of Trustees of Southern
 9    Illinois University at Carbondale, the Board of  Trustees  of
10    Southern  Illinois  University  at Edwardsville, the Board of
11    Trustees of Chicago State University, the Board  of  Trustees
12    of  Eastern  Illinois  University,  the  Board of Trustees of
13    Governors State University, the Board of Trustees of Illinois
14    State University,  the  Board  of  Trustees  of  Northeastern
15    Illinois  University,  the  Board  of  Trustees  of  Northern
16    Illinois  University,  and  the  Board of Trustees of Western
17    Illinois  University  for  the   institutions   under   their
18    respective jurisdictions from granting other scholarships.
19        (b)  Any  student enrolled in a university to which he or
20    she is holding a scholarship issued under Section  65.15  who
21    satisfies   the   president  of  the  university  or  someone
22    designated by the president that the student  requires  leave
23    of  absence for the purpose of earning funds to defray his or
24    her expenses while in attendance or on account of illness  or
25    military  service  may  be  granted  such leave and allowed a
26    period of not to exceed 6 years in which to complete  his  or
27    her course at the university.  Time spent in the armed forces
28    shall not be part of the 6 years.
29    (Source: P.A. 91-496, eff. 8-13-99.)

30        Section 290.  The Illinois Prepaid Tuition Act is amended
31    by changing Section 10 as follows:

32        (110 ILCS 979/10)
 
                            -181-    LRB093 08082 NHT 08283 b
 1        Sec. 10.  Definitions.  In this Act:
 2        "Illinois  public  university"  means  the  University of
 3    Illinois,   Illinois   State   University,   Chicago    State
 4    University,  Governors  State  University,  Southern Illinois
 5    University at Carbondale,  Southern  Illinois  University  at
 6    Edwardsville,  Northern Illinois University, Eastern Illinois
 7    University,  Western  Illinois  University,  or  Northeastern
 8    Illinois University.
 9        "Illinois community college"  means  a  public  community
10    college  as  defined  in  Section 1-2 of the Public Community
11    College Act.
12        "MAP-eligible institution" means a public institution  of
13    higher   education  or  a  nonpublic  institution  of  higher
14    education whose students are eligible to  receive  need-based
15    student  financial  assistance  through  State Monetary Award
16    Program (MAP) grants administered  by  the  Illinois  Student
17    Assistance  Commission  under  the  Higher  Education Student
18    Assistance Act  and  whose  students  also  are  eligible  to
19    receive benefits under Section 529(a) of the Internal Revenue
20    Code  of 1986, as specified by the federal Small Business Act
21    of 1996 and subsequent amendments to this federal law.
22        "Illinois prepaid tuition contract" or "contract" means a
23    contract entered into between the State and a Purchaser under
24    Section 45 to provide for the higher education of a qualified
25    beneficiary.
26        "Illinois prepaid tuition program" or "program" means the
27    program created in Section 15.
28        "Purchaser" means a person who makes or has contracted to
29    make payments under an Illinois prepaid tuition contract.
30        "Public  institution  of  higher  education"   means   an
31    Illinois public university or Illinois community college.
32        "Nonpublic  institution  of  higher  education" means any
33    MAP-eligible educational organization, other  than  a  public
34    institution  of  higher education, that provides a minimum of
 
                            -182-    LRB093 08082 NHT 08283 b
 1    an organized 2-year program at the  postsecondary  level  and
 2    that  operates  in  conformity  with  standards substantially
 3    equivalent  to  those  of  public  institutions   of   higher
 4    education.   "Nonpublic institution of higher education" does
 5    not include any educational organization used principally for
 6    sectarian instruction, as a place of  religious  teaching  or
 7    worship,  or  for any religious denomination for the training
 8    of ministers, rabbis, or other professional  persons  in  the
 9    field of religion.
10        "Qualified  beneficiary"  means (i) anyone who has been a
11    resident of this State for at least 12 months  prior  to  the
12    date  of  the contract, or (ii) a nonresident, so long as the
13    purchaser has been a resident of the State for  at  least  12
14    months prior to the date of the contract, or (iii) any person
15    less  than one year of age whose parent or legal guardian has
16    been a resident of this State for at least 12 months prior to
17    the date of the contract.
18        "Tuition" means the quarter or semester  charges  imposed
19    on   a   qualified   beneficiary  to  attend  a  MAP-eligible
20    institution.
21        "Mandatory Fees" means those  quarter  or  semester  fees
22    imposed   upon   all  students  enrolled  at  a  MAP-eligible
23    institution.
24        "Registration  Fees"  means  the   charges   derived   by
25    combining tuition and mandatory fees.
26        "Contract Unit" means 15 credit hours of instruction at a
27    MAP-eligible institution.
28        "Panel" means the investment advisory panel created under
29    Section 20.
30        "Commission"   means   the  Illinois  Student  Assistance
31    Commission.
32    (Source: P.A. 90-546, eff. 12-1-97; 91-669, eff. 1-1-00.)

33        Section 295.  The Senior Citizen Courses Act  is  amended
 
                            -183-    LRB093 08082 NHT 08283 b
 1    by changing Section 1 as follows:

 2        (110 ILCS 990/1) (from Ch. 144, par. 1801)
 3        Sec. 1.  Definitions.  For the purposes of this Act:
 4        (a)  "Public  institutions of higher education" means the
 5    University  of  Illinois,  Southern  Illinois  University  at
 6    Carbondale, Southern  Illinois  University  at  Edwardsville,
 7    Chicago   State   University,  Eastern  Illinois  University,
 8    Governors  State  University,  Illinois   State   University,
 9    Northeastern    Illinois    University,   Northern   Illinois
10    University,  Western  Illinois  University,  and  the  public
11    community colleges subject to the "Public  Community  College
12    Act".
13        (b)  "Credit Course" means any program of study for which
14    public institutions of higher education award credit hours.
15        (c)  "Senior  citizen" means any person 65 years or older
16    whose annual household income  is  less  than  the  threshold
17    amount  provided  in  Section  4  of the "Senior Citizens and
18    Disabled  Persons  Property  Tax  Relief  and  Pharmaceutical
19    Assistance Act", approved July 17, 1972, as amended.
20    (Source: P.A. 89-4, eff. 1-1-96.)

21        Section 300.  The Public  Utilities  Act  is  amended  by
22    changing Sections 16-111.1 and 16-111.2 as follows:

23        (220 ILCS 5/16-111.1)
24        Sec. 16-111.1.  Illinois Clean Energy Community Trust.
25        (a)  An  electric  utility  which has sold or transferred
26    generating facilities in a transaction  to  which  subsection
27    (k)  of  Section 16-111 applies is authorized to establish an
28    Illinois clean energy community trust or foundation  for  the
29    purposes  of  providing  financial  support and assistance to
30    entities, public or private, within  the  State  of  Illinois
31    including,  but  not  limited  to,  units  of State and local
 
                            -184-    LRB093 08082 NHT 08283 b
 1    government,  educational  institutions,   corporations,   and
 2    charitable,    educational,   environmental   and   community
 3    organizations, for programs and  projects  that  benefit  the
 4    public  by  improving energy efficiency, developing renewable
 5    energy resources, supporting other  energy  related  projects
 6    that   improve   the   State's   environmental  quality,  and
 7    supporting projects and  programs  intended  to  preserve  or
 8    enhance the natural habitats and wildlife areas of the State.
 9    Provided,  however,  that the trust or foundation funds shall
10    not be used for the remediation of  environmentally  impaired
11    property.   The  trust  or  foundation  may  also  assist  in
12    identifying    other    energy    and   environmental   grant
13    opportunities.
14        (b)  Such trust or foundation  shall  be  governed  by  a
15    declaration  of trust or articles of incorporation and bylaws
16    which shall, at a minimum, provide that:
17             (1)  There shall be 6 voting trustees of  the  trust
18        or  foundation,  one  of  whom  shall be appointed by the
19        Governor, one of whom shall be appointed by the President
20        of the Illinois Senate, one of whom shall be appointed by
21        the Minority Leader of the Illinois Senate, one  of  whom
22        shall  be  appointed by the Speaker of the Illinois House
23        of Representatives, one of whom shall be appointed by the
24        Minority Leader of the Illinois House of Representatives,
25        and one of  whom  shall  be  appointed  by  the  electric
26        utility  establishing  the  trust or foundation, provided
27        that the voting trustee appointed by the utility shall be
28        a representative of  a  recognized  environmental  action
29        group  selected  by  the  utility.   The  Governor  shall
30        designate  one  of  the  6  voting  trustees  to serve as
31        chairman of the trust or foundation, who shall  serve  as
32        chairman  of  the  trust or foundation at the pleasure of
33        the Governor. In addition, there shall  be  4  non-voting
34        trustees,  one of whom shall be appointed by the Director
 
                            -185-    LRB093 08082 NHT 08283 b
 1        of the Department of Commerce and Community Affairs,  one
 2        of  whom  shall  be  appointed  by  the  Director  of the
 3        Illinois Environmental Protection  Agency,  one  of  whom
 4        shall  be  appointed by the Director of the Department of
 5        Natural Resources, and one of whom shall be appointed  by
 6        the   electric   utility   establishing   the   trust  or
 7        foundation,  provided   that   the   non-voting   trustee
 8        appointed  by the utility shall bring financial expertise
 9        to the trust or foundation  and  shall  have  appropriate
10        credentials therefor.
11             (2)  All  voting trustees and the non-voting trustee
12        with   financial   expertise   shall   be   entitled   to
13        compensation for their services  as  trustees,  provided,
14        however,  that  no  member of the General Assembly and no
15        employee of the electric utility establishing  the  trust
16        or  foundation  serving as a voting trustee shall receive
17        any compensation for his or her services  as  a  trustee,
18        and   provided  further  that  the  compensation  to  the
19        chairman of the trust shall not exceed  $25,000  annually
20        and  the  compensation  to  any  other  trustee shall not
21        exceed $20,000 annually.  All trustees shall be  entitled
22        to  reimbursement  for  reasonable  expenses  incurred on
23        behalf of the trust in the performance of their duties as
24        trustees.  All such compensation and reimbursements shall
25        be paid out of the trust.
26             (3)  Trustees shall  be  appointed  within  30  days
27        after  the  creation of the trust or foundation and shall
28        serve for a term of 5 years commencing upon the  date  of
29        their  respective  appointments,  until  their respective
30        successors are appointed and qualified.
31             (4)  A vacancy in the office  of  trustee  shall  be
32        filled  by  the person holding the office responsible for
33        appointing the trustee whose death or resignation creates
34        the vacancy, and a trustee appointed to  fill  a  vacancy
 
                            -186-    LRB093 08082 NHT 08283 b
 1        shall  serve  the  remainder  of  the term of the trustee
 2        whose resignation or death created the vacancy.
 3             (5)  The  trust  or   foundation   shall   have   an
 4        indefinite  term,  and shall terminate at such time as no
 5        trust assets remain.
 6             (6)  The trust or foundation shall be funded in  the
 7        minimum  amount  of $250,000,000, with the allocation and
 8        disbursement of funds for the various purposes for  which
 9        the  trust  or foundation is established to be determined
10        by the trustees in accordance  with  the  declaration  of
11        trust  or  the  articles  of  incorporation  and  bylaws;
12        provided,  however, that this amount may be reduced by up
13        to $25,000,000 if, at the time the trust or foundation is
14        funded, a corresponding  amount  is  contributed  by  the
15        electric  utility establishing the trust or foundation to
16        the Board of Trustees of Southern Illinois University  at
17        Carbondale   for  the  purpose  of  funding  programs  or
18        projects related to clean coal and provided further  that
19        $25,000,000  of  the  amount  contributed to the trust or
20        foundation  shall  be  available  to  fund  programs   or
21        projects related to clean coal.
22             (7)  The  trust or foundation shall be authorized to
23        employ an executive  director  and  other  employees,  to
24        enter  into  leases,  contracts  and other obligations on
25        behalf of the trust or foundation, and to incur  expenses
26        that  the  trustees deem necessary or appropriate for the
27        fulfillment of  the  purposes  for  which  the  trust  or
28        foundation   is   established,  provided,  however,  that
29        salaries and administrative expenses incurred  on  behalf
30        of  the  trust or foundation shall not exceed $500,000 in
31        the first fiscal year after the trust  or  foundation  is
32        established  and  shall  not  exceed  $1,000,000  in each
33        subsequent fiscal year.
34             (8)  The trustees may create  and  appoint  advisory
 
                            -187-    LRB093 08082 NHT 08283 b
 1        boards   or   committees   to   assist   them   with  the
 2        administration of the trust or foundation, and to  advise
 3        and   make   recommendations   to   them   regarding  the
 4        contribution and disbursement of the trust or  foundation
 5        funds.
 6        (c)(1)  In addition to the allocation and disbursement of
 7        funds  for  the  purposes  set forth in subsection (a) of
 8        this Section, the trustees of  the  trust  or  foundation
 9        shall  annually  contribute funds in amounts set forth in
10        subparagraph (2)  of  this  subsection  to  the  Citizens
11        Utility  Board created by the Citizens Utility Board Act;
12        provided, however, that any  such  funds  shall  be  used
13        solely for the representation of the interests of utility
14        consumers  before  the  Illinois Commerce Commission, the
15        Federal Energy Regulatory  Commission,  and  the  Federal
16        Communications   Commission  and  for  the  provision  of
17        consumer education on utility service and prices  and  on
18        benefits  and  methods  of energy conservation. Provided,
19        however, that no part of such  funds  shall  be  used  to
20        support   (i)  any  lobbying  activity,  (ii)  activities
21        related  to  fundraising,  (iii)  advertising  or   other
22        marketing efforts regarding a particular utility, or (iv)
23        solicitation of support for, or advocacy of, a particular
24        position  regarding  any  specific utility or a utility's
25        docketed proceeding.
26             (2)  In the calendar year  in  which  the  trust  or
27        foundation is first funded, the trustees shall contribute
28        $1,000,000  to  the Citizens Utility Board within 60 days
29        after such trust or foundation is established;  provided,
30        however,  that  such  contribution  shall  be  made after
31        December 31, 1999.  In  each  of  the  6  calendar  years
32        subsequent  to  the  first  contribution, if the trust or
33        foundation is in existence, the trustees shall contribute
34        to the Citizens Utility Board  an  amount  equal  to  the
 
                            -188-    LRB093 08082 NHT 08283 b
 1        total  expenditures  by  such  organization  in the prior
 2        calendar year, as set forth in the report  filed  by  the
 3        Citizens Utility Board with the chairman of such trust or
 4        foundation  as  required  by  subparagraph  (3)  of  this
 5        subsection.   Such subsequent contributions shall be made
 6        within 30 days of  submission  by  the  Citizens  Utility
 7        Board  of  such  report  to  the Chairman of the trust or
 8        foundation, but in no event shall any annual contribution
 9        by the trustees to  the  Citizens  Utility  Board  exceed
10        $1,000,000.   Following  such  7-year period, an Illinois
11        statutory consumer protection  agency  may  petition  the
12        trust   or   foundation   for   contributions   to   fund
13        expenditures of the type identified in paragraph (1), but
14        in  no  event  shall annual contributions by the trust or
15        foundation for such expenditures exceed $1,000,000.
16             (3)  The Citizens Utility Board shall file a  report
17        with  the  chairman  of such trust or foundation for each
18        year in which it expends  any  funds  received  from  the
19        trust  or  foundation  setting  forth  the  amount of any
20        expenditures (regardless of the source of funds for  such
21        expenditures)   for:   (i)   the  representation  of  the
22        interests  of  utility  consumers  before  the   Illinois
23        Commerce   Commission,   the  Federal  Energy  Regulatory
24        Commission, and the  Federal  Communications  Commission,
25        and  (ii)  the provision of consumer education on utility
26        service and prices and on benefits and methods of  energy
27        conservation.    Such  report  shall separately state the
28        total  amount  of  expenditures  for  the   purposes   or
29        activities  identified  by  items  (i)  and  (ii) of this
30        paragraph, the name and address of the external recipient
31        of any such expenditure, if applicable, and the  specific
32        purposes  or  activities  (including internal purposes or
33        activities) for which each  expenditure  was  made.   Any
34        report  required  by  this subsection shall be filed with
 
                            -189-    LRB093 08082 NHT 08283 b
 1        the chairman of such trust or foundation  no  later  than
 2        March  31  of the year immediately following the year for
 3        which the report is required.
 4    (Source: P.A. 91-50, eff. 6-30-99; 91-781, eff. 6-9-00.)

 5        (220 ILCS 5/16-111.2)
 6        Sec. 16-111.2.  Provisions related  to  proposed  utility
 7    transactions.
 8        (a)  The General Assembly finds:
 9             (1)  A  transaction as described in paragraph (3) of
10        this  subsection  (a)   will   contribute   to   improved
11        reliability  of  the  electric  supply system in Illinois
12        which is one of the key purposes of the Illinois Electric
13        Service Customer Choice and Rate Relief Law of 1997.
14             (2)  A transaction as described in paragraph (3)  of
15        this  subsection  (a)  is  likely  to  promote additional
16        investment in the existing generating assets and  in  the
17        development   of   additional   generation   capacity  in
18        Illinois, and such change in ownership is in  the  public
19        interest,  consistent  with  the  intent  of the Illinois
20        Electric Service Customer Choice and Rate Relief  Law  of
21        1997 and beneficial for the citizens of this State.
22             (3)  As  of the date on which this amendatory Act of
23        1999 becomes law, an electric utility  providing  service
24        to  more  than  1,000,000  customers  in  this  State has
25        proposed to sell or transfer to a single buyer 5 or  more
26        generating plants with a total net dependable capacity of
27        5000  megawatts  or  more  pursuant  to subsection (g) of
28        Section 16-111.
29             (4)  Such electric utility anticipates  receiving  a
30        sale   price   or  consideration  as  a  result  of  such
31        transaction exceeding 200% of the  book  value  of  these
32        plants.
33             (5)  Such  electric  utility  has  presented  to the
 
                            -190-    LRB093 08082 NHT 08283 b
 1        Governor and  the  leaders  of  the  General  Assembly  a
 2        written  commitment in which such electric utility agrees
 3        to expend $2,000,000,000 outside the corporate limits  of
 4        any  municipality  with  1,000,000  or  more  inhabitants
 5        within  such  electric  utility's  service  area,  over a
 6        6-year  period  beginning  with  this  calendar  year  on
 7        projects, programs and improvements  within  its  service
 8        area relating to transmission and distribution including,
 9        without  limitation, infrastructure expansion, repair and
10        replacement,   capital   investments,   operations    and
11        maintenance, and vegetation management.
12             (6)  Such  electric  utility  has committed that, if
13        the sale or transfer contemplated  by  paragraph  (3)  of
14        this  subsection is consummated on or before December 31,
15        1999,  the  electric  utility  shall  make  contributions
16        totaling $250,000,000 to entities within this State  for,
17        among   other  purposes,  environmental  and  clean  coal
18        initiatives   pursuant   to   Section   16-111.1,   which
19        commitment includes a contribution of $25,000,000 to  the
20        Board  of  Trustees  of  Southern  Illinois University at
21        Carbondale  for  the  purpose  of  funding  programs   or
22        projects related to clean coal.
23        (b)  That, in light of the findings in paragraphs (1) and
24    (2)   of   subsection   (a)   and,   in  this  instance,  the
25    circumstances described in  paragraphs  (3)  through  (6)  of
26    subsection  (a)  and  otherwise,  the General Assembly hereby
27    finds that allowing the generating facilities being  acquired
28    to  be  eligible  facilities  under  the  provisions  of  the
29    National  Energy  Policy  Act  of  1992  that apply to exempt
30    wholesale generators (A) will benefit consumers;  (B)  is  in
31    the public interest; and (C) does not violate the law of this
32    State.
33        (c)  Nothing in this Section shall have any effect on the
34    authority  of  the Commission under subsection (g) of Section
 
                            -191-    LRB093 08082 NHT 08283 b
 1    16-111 of this Act.
 2    (Source: P.A. 91-50, eff. 6-30-99.)

 3        Section 305.  The Solicitation for Charity Act is amended
 4    by changing Section 3 as follows:

 5        (225 ILCS 460/3) (from Ch. 23, par. 5103)
 6        Sec. 3.  Exemptions.
 7        (a)  Upon initial  filing  of  a  registration  statement
 8    pursuant  to  Section  2  of this Act and notification by the
 9    Attorney General of his determination that the organizational
10    purposes or circumstances specified  in  this  paragraph  for
11    exemption  are  actual  and  genuine,  the following entities
12    shall be exempt from all the report filing provisions of this
13    Act, except for the requirements set forth in  Section  2  of
14    this Act:
15             1.    A   corporation   sole   or   other  religious
16        corporation,  trust  or  organization   incorporated   or
17        established  for religious purposes, nor to any agency or
18        organization incorporated or established for  charitable,
19        hospital   or   educational   purposes   and  engaged  in
20        effectuating one  or  more  of  such  purposes,  that  is
21        affiliated with, operated by, or supervised or controlled
22        by  a  corporation  sole  or other religious corporation,
23        trust or organization  incorporated  or  established  for
24        religious  purposes,  nor  to other religious agencies or
25        organizations which serve religion by the preservation of
26        religious  rights  and  freedom   from   persecution   or
27        prejudice  or  by fostering religion, including the moral
28        and ethical aspects of a particular religious faith.
29             2.  Any  charitable  organization  which  does   not
30        intend  to  solicit  and  receive  and  does not actually
31        receive contributions in excess of $15,000 during any  12
32        month period ending December 31 of any year.  However, if
 
                            -192-    LRB093 08082 NHT 08283 b
 1        the  gross  contributions  received  by  such  charitable
 2        organization  during  any 12 month period ending December
 3        31 of any year shall be in excess of  $15,000,  it  shall
 4        file   reports   as  required  under  this  Act  and  the
 5        provisions of this Act shall apply.
 6        (b)  The following  persons  shall  not  be  required  to
 7    register with the Attorney General:
 8             1.  The  University  of  Illinois, Southern Illinois
 9        University at Carbondale, Southern Illinois University at
10        Edwardsville, Eastern Illinois University, Illinois State
11        Normal University, Northern Illinois University,  Western
12        Illinois  University,  all  educational institutions that
13        are recognized by the State Board of  Education  or  that
14        are  accredited  by a regional accrediting association or
15        by  an  organization   affiliated   with   the   National
16        Commission  on  Accrediting,  any  foundation  having  an
17        established  identity  with  any  of  the  aforementioned
18        educational    institutions,    any   other   educational
19        institution confining its solicitation  of  contributions
20        to  its  student  body, alumni, faculty and trustees, and
21        their families, or a library established under  the  laws
22        of  this State, provided that the annual financial report
23        of such institution or library shall be  filed  with  the
24        State   Board  of  Education,  Governor,  Illinois  State
25        Library,  County  Library  Board  or  County  Board,   as
26        provided by law.
27             2.  Fraternal,   patriotic,   social,   educational,
28        alumni   organizations   and  historical  societies  when
29        solicitation  of  contributions  is  confined  to   their
30        membership.  This  exemption  shall  be  extended  to any
31        subsidiary of a parent or superior organization  exempted
32        by  Sub-paragraph 2 of Paragraph (b) of Section 3 of this
33        Act where such solicitation is confined to the membership
34        of the subsidiary, parent or superior organization.
 
                            -193-    LRB093 08082 NHT 08283 b
 1             3.  Persons requesting  any  contributions  for  the
 2        relief or benefit of any individual, specified by name at
 3        the  time  of  the  solicitation,  if  the  contributions
 4        collected are turned over to the named beneficiary, first
 5        deducting  reasonable  expenses for costs of banquets, or
 6        social gatherings, if  any,  provided  all  fund  raising
 7        functions  are  carried  on  by  persons  who are unpaid,
 8        directly or indirectly, for such services.
 9             4.  Any  bona  fide  union,  bona   fide   political
10        organization  or  bona  fide  political action committee,
11        which does not solicit funds for a charitable purpose.
12             5.  Any   charitable   organization   receiving   an
13        allocation from an incorporated community chest or united
14        fund, provided such chest or fund is complying  with  the
15        provisions  of  this  Act  relating  to  registration and
16        filing of annual reports with the Attorney  General,  and
17        provided  such organization does not actually receive, in
18        addition to such allocation, contributions in  excess  of
19        $4,000 during any 12 month period ending June 30th of any
20        year,  and  provided  further  that  all the fund raising
21        functions of such organization are carried on by  persons
22        who  are  unpaid for such services. However, if the gross
23        contributions other than such allocation received by such
24        charitable organization during any 12 month period ending
25        June 30th of any year shall be in excess  of  $4,000,  it
26        shall  within  30  days  after  the  date  it  shall have
27        received such contributions in excess of $4,000  register
28        with the Attorney General as required by Section 2.
29             6.  A  bona  fide organization of volunteer firemen,
30        or  a  bona  fide  auxiliary   or   affiliate   of   such
31        organization,  provided  all  its fund raising activities
32        are carried on by members of such an organization  or  an
33        affiliate   thereof   and   such   members   receive   no
34        compensation, directly or indirectly, therefor.
 
                            -194-    LRB093 08082 NHT 08283 b
 1             7.  Any  charitable organization operating a nursery
 2        for infants awaiting adoption providing that all its fund
 3        raising activities are carried on by members of  such  an
 4        organization  or  an  affiliate  thereof and such members
 5        receive no compensation, directly or indirectly therefor.
 6             8.  Any  corporation  established  by  the   Federal
 7        Congress that is required by federal law to submit annual
 8        reports of its activities to Congress containing itemized
 9        accounts  of  all  receipts  and expenditures after being
10        duly audited.
11             9.  Any boys' club  which  is  affiliated  with  the
12        Boys'   Club  of  America,  a  corporation  chartered  by
13        Congress;  provided,  however,  that  such  an  affiliate
14        properly files the reports required by the Boys' Club  of
15        America and that the Boys' Club of America files with the
16        Government  of  the United States the reports required by
17        its federal charter.
18             10.  Any   veterans   organization   chartered    or
19        incorporated   under   federal   law   and  any  veterans
20        organization which is affiliated with, and recognized  in
21        the   bylaws   of,   a   congressionally   chartered   or
22        incorporated  veterans  organization;  provided, however,
23        that the affiliate properly files the reports required by
24        the congressionally chartered  or  incorporated  veterans
25        organization,   that  the  congressionally  chartered  or
26        incorporated  veterans  organization   files   with   the
27        government  of  the United States the reports required by
28        its federal charter, and that copies  of  such  federally
29        required reports are filed with the Attorney General.
30             11.  Any   parent-teacher   organization   that   is
31        controlled  by teachers and parents of children attending
32        a particular public  or  private  school  for  which  the
33        organization  is named and solicits contributions for the
34        benefit of that particular school; provided that:
 
                            -195-    LRB093 08082 NHT 08283 b
 1                  (i)  the school is specified  by  name  at  the
 2             time the solicitation is made;
 3                  (ii)  all  of the contributions are turned over
 4             to the  school,  after  first  deducting  reasonable
 5             expenses    for   fundraising   and   parent-teacher
 6             activities;
 7                  (iii)  all fundraising functions are carried on
 8             by persons who are  not  paid,  either  directly  or
 9             indirectly, for their fundraising services;
10                  (iv)  the  total contributions, less reasonable
11             fundraising expenses, do not exceed $50,000  in  any
12             calendar year;
13                  (v)  the  organization  provides  the school at
14             least annually with a  complete  accounting  of  all
15             contributions received; and
16                  (vi)  the   governing   board   of  the  school
17             certifies to the Attorney General, if  the  Attorney
18             General  makes a request for certification, that the
19             parent-teacher organization has provided the  school
20             with a full accounting and that the organization has
21             provided benefits and contributions to the school.
22    (Source: P.A. 90-469, eff. 8-17-97; 91-444, eff. 8-6-99.)

23        Section  310.   The Liquor Control Act of 1934 is amended
24    by changing Section 12-1 as follows:

25        (235 ILCS 5/12-1)
26        Sec. 12-1.  Grape and Wine Resources Council.
27        (a)  There is hereby created the Grape and Wine Resources
28    Council, which shall have the powers and duties specified  in
29    this  Article  and  all  other powers necessary and proper to
30    execute the provisions of this Article.
31        (b)  The Council shall consist of 17 members including:
32             (1)  The Director  of  the  Illinois  Department  of
 
                            -196-    LRB093 08082 NHT 08283 b
 1        Agriculture, ex officio, or the Director's designee.
 2             (2)  The Dean of the Southern Illinois University at
 3        Carbondale  SIU  College  of  Agriculture,  or the Dean's
 4        designee.
 5             (3)  The Dean of the University of Illinois  College
 6        of Agriculture, or the Dean's designee.
 7             (4)  An  expert  in  enology  or  food  science  and
 8        nutrition  to  be  named  by the Director of the Illinois
 9        Department  of  Agriculture  from  nominations  submitted
10        jointly by the Deans of the Colleges  of  Agriculture  at
11        Southern   Illinois  University  at  Carbondale  and  the
12        University of Illinois.
13             (5)  An expert in  marketing  to  be  named  by  the
14        Director  of  the Illinois Department of Agriculture from
15        nominations  submitted  jointly  by  the  Deans  of   the
16        Colleges  of  Agriculture at Southern Illinois University
17        at Carbondale and the University of Illinois.
18             (6)  An expert in viticulture to  be  named  by  the
19        Director  of  the Illinois Department of Agriculture from
20        nominations  submitted  jointly  by  the  Deans  of   the
21        Colleges  of  Agriculture at Southern Illinois University
22        at Carbondale and the University of Illinois.
23             (7)  A representative from the Illinois Division  of
24        Tourism,  to  be  named  by  the Director of the Illinois
25        Department of Commerce and Community Affairs.
26             (8)  Six persons to be named by the Director of  the
27        Illinois  Department of Agriculture from nominations from
28        the President of the Illinois Grape Growers and  Vintners
29        Association, of whom 3 shall be grape growers and 3 shall
30        be vintners.
31             (9)  Four persons, one of whom shall be named by the
32        Speaker  of  the  House  of  Representatives, one of whom
33        shall be named by the Minority Leader  of  the  House  of
34        Representatives,  one  of  whom  shall  be  named  by the
 
                            -197-    LRB093 08082 NHT 08283 b
 1        President of the Senate, and one of whom shall  be  named
 2        by the Minority Leader of the Senate.
 3    Members  of  the  Council  shall receive no compensation, but
 4    shall be reimbursed for necessary expenses  incurred  in  the
 5    performance  of  their  duties.  The Council's Chair shall be
 6    the Dean of the College  of  Agriculture  at  the  University
 7    where the Council is housed.
 8        (c)  The  Council  shall  be  housed at Southern Illinois
 9    University   at   Carbondale,   which   shall   maintain    a
10    collaborative relationship with the University of Illinois at
11    Champaign.
12    (Source: P.A. 90-77, eff. 7-8-97.)

13        Section  315.  The Illinois Rural/Downstate Health Act is
14    amended by changing Sections 3, 3.1, and 5.5 as follows:

15        (410 ILCS 65/3) (from Ch. 111 1/2, par. 8053)
16        Sec. 3. The Illinois Department of  Public  Health  shall
17    establish  a  downstate health care program as a component of
18    primary care  development.  The  Department  shall  create  a
19    Center for Rural Health to coordinate programs and activities
20    within  the agency relating to access to health care in rural
21    areas and designated shortage areas. The Center may work with
22    universities, private foundations, health care  providers  or
23    other  interested  organizations, private foundations, health
24    care  providers  or   other   interested   organizations   on
25    innovative  strategies to respond to the health care needs of
26    residents of these areas.
27        The  Center  shall  cooperate  with   Southern   Illinois
28    University   programs   and  services  of  Southern  Illinois
29    University at Carbondale and Southern Illinois University  at
30    Edwardsville  that  respond  to  the  health  care  needs  of
31    residents  of  downstate  areas, including but not limited to
32    the development of primary care centers, the  development  of
 
                            -198-    LRB093 08082 NHT 08283 b
 1    obstetrical  care  centers through affiliation with hospitals
 2    and  clinics,  and  the  conduct  of  health   research   and
 3    evaluation.
 4        The  Center  shall  cooperate with University of Illinois
 5    programs and services that respond to the health  care  needs
 6    of  residents  of  downstate areas, including but not limited
 7    to:  developing innovative educational strategies designed to
 8    graduate   primary   care   physicians,   especially   family
 9    physicians,  for  all  Illinois,   particularly   the   rural
10    underserved  areas;  developing  primary  care  centers  with
11    comprehensive  care,  including  emergency and obstetric care
12    through  affiliation  with   hospitals   and   clinics;   and
13    conducting health research and evaluation.
14    (Source: P.A. 86-965; 86-1187; 87-1162.)

15        (410 ILCS 65/3.1) (from Ch. 111 1/2, par. 8053.1)
16        Sec. 3.1.  Southern Illinois University at Carbondale and
17    Southern  Illinois  University  at  Edwardsville shall expand
18    their its focus on rural health care as a component of health
19    professions education programs on their its several campuses,
20    including, but not limited  to,  its  programs  in  medicine,
21    nursing,   dentistry,  and  technical  careers,  and  through
22    research  and  technical   assistance   programs.    Southern
23    Illinois   The   University  at  Edwardsville  shall  further
24    encourage the regional outreach  mission  of  its  School  of
25    Medicine   through   the   establishment   of   a   dedicated
26    administrative  entity  within the School with responsibility
27    for rural health care  planning  and  programming.   Southern
28    Illinois  The  University at Carbondale and Southern Illinois
29    University at Edwardsville may work with  communities,  State
30    agencies,    other   colleges   and   universities,   private
31    foundations, health  care  providers,  and  other  interested
32    organizations  on  innovative  strategies  to  respond to the
33    health care needs of residents of rural areas.
 
                            -199-    LRB093 08082 NHT 08283 b
 1        Southern  Illinois  The  University  at  Carbondale   and
 2    Southern  Illinois  University at Edwardsville shall have the
 3    authority:
 4        (a)  To  establish  such  clinical  centers  as  may   be
 5    necessary  to  carry  out the intent of this Act according to
 6    the following priorities:
 7             (1)  Preference for programs which are  designed  to
 8        facilitate the education of health professions students.
 9             (2)  Preference    for   programs   established   in
10        locations which exhibit potential for locating physicians
11        in health manpower shortage areas.
12             (3)  Preference for programs which are located  away
13        from  communities  in  which medical school and residency
14        programs are located.
15             (4)  Preference    for    programs     which     are
16        geographically distributed throughout downstate Illinois.
17        (b)  To receive and disburse funds in accordance with the
18    purpose stated in Section 2 of this Act.
19        (c)  To  enter  into  contracts  or  agreements  with any
20    agency or department of the State of Illinois or  the  United
21    States to carry out the provisions of this Act.
22    (Source: P.A. 86-1187.)

23        (410 ILCS 65/5.5)
24        Sec.  5.5.   Rural/Downstate  Health  Access  Fund.   The
25    Rural/Downstate  Health  Access  Fund is created as a special
26    fund in the State treasury.  Moneys from  gifts,  grants,  or
27    donations  made  to  the  Center  for  Rural  Health shall be
28    deposited into the Fund.  Subject to appropriation, moneys in
29    the Fund shall be used in  the  following  manner  for  rural
30    health  programs  authorized  under this Act:  60.2% shall be
31    distributed to the Department of Public Health,  26.3%  shall
32    be  distributed  equally  between to the Board of Trustees of
33    Southern Illinois University at Carbondale and the  Board  of
 
                            -200-    LRB093 08082 NHT 08283 b
 1    Trustees of Southern Illinois University at Edwardsville, and
 2    13.5%  shall  be  distributed to the Board of Trustees of the
 3    University of Illinois.  The Center for  Rural  Health  shall
 4    administer the Fund.
 5    (Source: P.A. 88-312; 88-535; 88-670, eff. 12-2-94.)

 6        Section  320.  The Illinois Solid Waste Management Act is
 7    amended by changing Section 3.1 as follows:

 8        (415 ILCS 20/3.1) (from Ch. 111 1/2, par. 7053.1)
 9        Sec. 3.1.  Institutions of higher learning.
10        (a)  For  purposes  of  this   Section   "State-supported
11    institutions  of higher learning" or "institutions" means the
12    University  of  Illinois,  Southern  Illinois  University  at
13    Carbondale, Southern Illinois University at Edwardsville, the
14    colleges and universities under the jurisdiction of the Board
15    of Governors of State Colleges and Universities, the colleges
16    and universities under  the  jurisdiction  of  the  Board  of
17    Regents  of  Regency  Universities,  and the public community
18    colleges subject to the Public Community College Act.
19        (b)  Each State-supported institution of higher  learning
20    shall develop a comprehensive waste reduction plan covering a
21    period  of  10  years which addresses the management of solid
22    waste generated by academic, administrative, student  housing
23    and  other institutional functions.  The waste reduction plan
24    shall be developed by January  1,  1995.   The  initial  plan
25    required   under   this  Section  shall  be  updated  by  the
26    institution every 5 years, and any proposed amendments to the
27    plan  shall  be  submitted  for  review  in  accordance  with
28    subsection (f).
29        (c)  Each  waste  reduction  plan  shall  address,  at  a
30    minimum, the following topics: existing waste  generation  by
31    volume,  waste  composition,  existing  waste  reduction  and
32    recycling  activities,  waste  collection and disposal costs,
 
                            -201-    LRB093 08082 NHT 08283 b
 1    future waste management methods, and specific goals to reduce
 2    the amount of waste generated that  is  subject  to  landfill
 3    disposal.
 4        (d)  Each   waste   reduction   plan  shall  provide  for
 5    recycling of marketable materials currently  present  in  the
 6    institution's  waste  stream,  including  but  not limited to
 7    landscape waste, corrugated cardboard,  computer  paper,  and
 8    white  office  paper, and shall provide for the investigation
 9    of potential markets for other recyclable  materials  present
10    in  the institution's waste stream.  The recycling provisions
11    of the waste reduction plan shall be designed to achieve,  by
12    January  1,  2000,  at least a 40% reduction (referenced to a
13    base year of 1987) in the  amount  of  solid  waste  that  is
14    generated  by  the  institution  and  identified in the waste
15    reduction plan as being subject to landfill disposal.
16        (e)  Each  waste  reduction  plan  shall   evaluate   the
17    institution's procurement policies and practices to eliminate
18    procedures  which  discriminate  against  items with recycled
19    content, and to identify products or items which are procured
20    by the institution on a  frequent  or  repetitive  basis  for
21    which  products  with  recycled  content  may be substituted.
22    Each waste reduction plan shall prescribe that it will be the
23    policy of the institution to purchase products with  recycled
24    content  whenever  such  products have met specifications and
25    standards  of  equivalent  products  which  do  not   contain
26    recycled content.
27        (f)  Each  waste  reduction  plan developed in accordance
28    with this Section shall be submitted  to  the  Department  of
29    Commerce  and Community Affairs for review and approval.  The
30    Department's review shall be conducted  in  cooperation  with
31    the  Board  of  Higher  Education  and the Illinois Community
32    College Board.
33        (g)  The Department of  Commerce  and  Community  Affairs
34    shall  provide  technical  assistance,  technical  materials,
 
                            -202-    LRB093 08082 NHT 08283 b
 1    workshops  and  other  information necessary to assist in the
 2    development and implementation of the waste reduction  plans.
 3    The  Department shall develop guidelines and funding criteria
 4    for  providing  grant  assistance  to  institutions  for  the
 5    implementation of approved waste reduction plans.
 6    (Source: P.A. 89-445, eff. 2-7-96.)

 7        Section 325.  The Illinois Groundwater Protection Act  is
 8    amended by changing Section 7 as follows:

 9        (415 ILCS 55/7) (from Ch. 111 1/2, par. 7457)
10        Sec.  7.  (a)  The  Department,  with  the  advice of the
11    Committee  and  the  Council,  shall  develop  a  coordinated
12    groundwater  data  collection  and  automation  program.  The
13    collected and automated data shall include but  need  not  be
14    limited   to   groundwater  monitoring  results,  well  logs,
15    pollution source permits and water quality assessments.   The
16    Department  shall  act  as  the  repository for such data and
17    shall automate this data in a manner that is  accessible  and
18    usable by all State agencies.
19        (b)  The Department, in consultation with the Agency, the
20    Committee  and  the  Council, shall develop and administer an
21    ongoing program of basic and  applied  research  relating  to
22    groundwater.  Information generated from this program will be
23    made   available   to  local  governments  seeking  technical
24    assistance from the Department.  The research  program  shall
25    include but need not be limited to:
26             (1)  Long-term    statewide    groundwater   quality
27        monitoring.  A statewide monitoring well network shall be
28        composed of public water  supply  wells  sampled  by  the
29        Agency,  non-community wells sampled by the Department of
30        Public Health, and a  representative  sampling  of  other
31        existing  private  wells and newly constructed, dedicated
32        monitoring  wells.   The  monitoring  program  shall   be
 
                            -203-    LRB093 08082 NHT 08283 b
 1        operated  for  the  following purposes: to evaluate, over
 2        time,   the   appropriateness   and   effectiveness    of
 3        groundwater  quality  protection  measures;  to determine
 4        regional trends in groundwater quality which  may  affect
 5        public  health and welfare; and to help identify the need
 6        for corrective action.  The Department shall periodically
 7        publish the results  of  groundwater  quality  monitoring
 8        activities.
 9             (2)  Statewide    groundwater    assessment.     The
10        Department  shall  conduct  assessments  to  enhance  the
11        State's  data base concerning groundwater resources.  The
12        assessments  shall  include   location   of   groundwater
13        resources,   mapping   of   aquifers,  identification  of
14        appropriate recharge areas, and  evaluation  of  baseline
15        groundwater  quality.   The Department shall complete the
16        statewide mapping of appropriate recharge areas within 18
17        months after the enactment of this  Act  at  a  level  of
18        detail  suitable  for  guiding the Agency in establishing
19        priority groundwater protection planning regions.
20             (3)  Evaluation   of    pesticide    impacts    upon
21        groundwater.  Such  evaluation  shall include the general
22        location and extent of any contamination of  groundwaters
23        resulting   from  pesticide  use,  determination  of  any
24        practices  which  may  contribute  to  contamination   of
25        groundwaters,   and  recommendations  regarding  measures
26        which may help prevent degradation of groundwater quality
27        by pesticides.  Priority shall be given to those areas of
28        the State where pesticides are utilized most intensively.
29        The Department shall prepare an initial report by January
30        1, 1990.
31             (4)  Other  basic   and   applied   research.    The
32        Department may conduct research in at least the following
33        areas:  groundwater hydrology and hydraulics, movement of
34        contaminants   through   geologic   materials,    aquifer
 
                            -204-    LRB093 08082 NHT 08283 b
 1        restoration, and remediation technologies.
 2        (c)  The  Department  is authorized to accept and expend,
 3    subject to appropriation by the General Assembly, any and all
 4    grants, matching funds, appropriations from whatever  source,
 5    or other items of value from the federal or state governments
 6    or  from any institution, person, partnership, joint venture,
 7    or corporation,  public  or  private,  for  the  purposes  of
 8    fulfilling its obligations under this Act.
 9        (d)  Southern   Illinois   University  at  Carbondale  is
10    authorized to conduct basic and applied research relating  to
11    chemical  contamination  of  groundwater.   It may assist the
12    Department in conducting research  on  any  of  the  subjects
13    included  in  subsection  (b) of this Section, and may accept
14    and expend grants and other support from  the  Department  or
15    other sources for that purpose.
16    (Source: P.A. 87-479.)

17        Section  330.   The  Food and Agriculture Research Act is
18    amended by changing Section 15 as follows:

19        (505 ILCS 82/15)
20        Sec. 15.  Allocation of funds.   Appropriations  for  the
21    purposes of this Act shall be made to the Illinois Department
22    of Agriculture, which shall allocate funds appropriated under
23    this  Act  to  the  following entities providing each the pro
24    rata share indicated: the  Illinois  Agricultural  Experiment
25    Station,  82%;  Southern  Illinois  University  at Carbondale
26    College  of  Agriculture,  11%;  Illinois  State   University
27    Department  of  Agriculture,  4%; Western Illinois University
28    Department  of  Agriculture,  3%.   Three  years  after   the
29    effective  date of this Act and every 3 years thereafter, the
30    Director  of  Agriculture  shall  review  these  percentages,
31    ascertain their appropriateness, and report  to  the  General
32    Assembly.
 
                            -205-    LRB093 08082 NHT 08283 b
 1        To  offset  the  cost of administering the appropriation,
 2    the Department of Agriculture may retain $50,000 or 1/2 of 1%
 3    of the total appropriation, whichever is less.
 4        To offset the cost of members  of  C-FAR  incurred  while
 5    performing their duties as official group representatives, up
 6    to  1% of the funds appropriated for the purposes of this Act
 7    may be allocated by the Department of  Agriculture  to  cover
 8    these  expenses.    Members shall serve without compensation,
 9    but shall be reimbursed for ordinary and  necessary  expenses
10    incurred   in   the   performance   of   their  duties.   The
11    reimbursement rates shall not exceed those rates  that  apply
12    to State employees.
13    (Source: P.A. 89-182, eff. 7-19-95; 90-94, eff. 1-1-98.)

14        Section  335.  The  Court  of  Claims  Act  is amended by
15    changing Sections 8, 22-1, and 22-2 as follows:

16        (705 ILCS 505/8) (from Ch. 37, par. 439.8)
17        Sec. 8. Court of Claims jurisdiction.   The  court  shall
18    have   exclusive  jurisdiction  to  hear  and  determine  the
19    following matters:
20        (a)  All claims against the State founded upon any law of
21    the  State  of  Illinois  or  upon  any  regulation   adopted
22    thereunder  by  an  executive  or  administrative  officer or
23    agency;  provided,  however,  the  court   shall   not   have
24    jurisdiction  (i)  to  hear or determine claims arising under
25    the Workers' Compensation Act or  the  Workers'  Occupational
26    Diseases  Act, or claims for expenses in civil litigation, or
27    (ii) to review administrative decisions for which  a  statute
28    provides  that  review  shall  be in the circuit or appellate
29    court.
30        (b)  All  claims  against  the  State  founded  upon  any
31    contract entered into with the State of Illinois.
32        (c)  All claims  against  the  State  for  time  unjustly
 
                            -206-    LRB093 08082 NHT 08283 b
 1    served  in prisons of this State where the persons imprisoned
 2    shall receive a pardon from the governor  stating  that  such
 3    pardon  is issued on the ground of innocence of the crime for
 4    which they were imprisoned; provided, the court shall make no
 5    award in excess of the following amounts: for imprisonment of
 6    5 years or less, not more than $15,000; for  imprisonment  of
 7    14 years or less but over 5 years, not more than $30,000; for
 8    imprisonment  of  over  14  years, not more than $35,000; and
 9    provided further, the court shall fix attorney's fees not  to
10    exceed  25%  of the award granted.  On December 31, 1996, the
11    court shall make a one-time adjustment in the maximum  awards
12    authorized by this subsection (c), to reflect the increase in
13    the  cost  of  living  from  the  year in which these maximum
14    awards were last adjusted until  1996,  but  with  no  annual
15    increment exceeding 5%.  Thereafter, the court shall annually
16    adjust  the  maximum awards authorized by this subsection (c)
17    to reflect the increase, if any, in the Consumer Price  Index
18    For  All  Urban  Consumers for the previous calendar year, as
19    determined by the United States Department of  Labor,  except
20    that  no  annual  increment  may  exceed  5%.   For  both the
21    one-time adjustment and the subsequent annual adjustments, if
22    the Consumer Price Index decreases during  a  calendar  year,
23    there  shall  be  no  adjustment for that calendar year.  The
24    changes made by Public Act 89-689 apply to all  claims  filed
25    on  or after January 1, 1995 that are pending on December 31,
26    1996 and all claims filed on or after December 31, 1996.
27        (d)  All claims against the State for  damages  in  cases
28    sounding in tort, if a like cause of action would lie against
29    a private person or corporation in a civil suit, and all like
30    claims   sounding   in   tort   against  the  Medical  Center
31    Commission, the  Board  of  Trustees  of  the  University  of
32    Illinois,   the   Board  of  Trustees  of  Southern  Illinois
33    University at Carbondale, the Board of Trustees  of  Southern
34    Illinois University at Edwardsville, the Board of Trustees of
 
                            -207-    LRB093 08082 NHT 08283 b
 1    Chicago  State  University,  the Board of Trustees of Eastern
 2    Illinois University, the Board of Trustees of Governors State
 3    University,  the  Board  of  Trustees   of   Illinois   State
 4    University,  the  Board  of Trustees of Northeastern Illinois
 5    University,  the  Board  of  Trustees  of  Northern  Illinois
 6    University,  the  Board  of  Trustees  of  Western   Illinois
 7    University,   or  the  Board  of  Trustees  of  the  Illinois
 8    Mathematics and Science Academy; provided, that an award  for
 9    damages  in a case sounding in tort, other than certain cases
10    involving the operation of a State vehicle described in  this
11    paragraph, shall not exceed the sum of $100,000 to or for the
12    benefit  of  any  claimant.  The $100,000 limit prescribed by
13    this Section does not apply to an award  of  damages  in  any
14    case sounding in tort arising out of the operation by a State
15    employee  of  a  vehicle  owned,  leased or controlled by the
16    State.  The defense that the  State  or  the  Medical  Center
17    Commission  or  the  Board  of  Trustees of the University of
18    Illinois,  the  Board  of  Trustees  of   Southern   Illinois
19    University  at  Carbondale, the Board of Trustees of Southern
20    Illinois University at Edwardsville, the Board of Trustees of
21    Chicago State University, the Board of  Trustees  of  Eastern
22    Illinois University, the Board of Trustees of Governors State
23    University,   the   Board   of  Trustees  of  Illinois  State
24    University, the Board of Trustees  of  Northeastern  Illinois
25    University,  the  Board  of  Trustees  of  Northern  Illinois
26    University,   the  Board  of  Trustees  of  Western  Illinois
27    University,  or  the  Board  of  Trustees  of  the   Illinois
28    Mathematics  and  Science  Academy  is  not  liable  for  the
29    negligence  of  its  officers,  agents,  and employees in the
30    course of their employment is not applicable to  the  hearing
31    and determination of such claims.
32        (e)  All  claims  for  recoupment  made  by  the State of
33    Illinois against any claimant.
34        (f)  All claims pursuant to the Law Enforcement Officers,
 
                            -208-    LRB093 08082 NHT 08283 b
 1    Civil Defense Workers, Civil Air Patrol Members,  Paramedics,
 2    Firemen, Chaplains, and State Employees Compensation Act.
 3        (g)  All  claims  filed  pursuant  to  the  Crime Victims
 4    Compensation Act.
 5        (h)  All  claims  pursuant  to  the   Illinois   National
 6    Guardsman's Compensation Act.
 7        (i)  All  claims  authorized by subsection (a) of Section
 8    10-55 of the Illinois Administrative Procedure  Act  for  the
 9    expenses  incurred  by  a  party  in  a contested case on the
10    administrative level.
11    (Source: P.A.  89-4,  eff.  1-1-96;  89-689,  eff.  12-31-96;
12    90-492, eff. 8-17-97.)

13        (705 ILCS 505/22-1) (from Ch. 37, par. 439.22-1)
14        Sec.  22-1.  Within  1  year  from  the date that such an
15    injury was received or such a cause of  action  accrued,  any
16    person  who  is  about to commence any action in the Court of
17    Claims against the State  of  Illinois,  the  Medical  Center
18    Commission,  the  Board  of  Trustees  of  the  University of
19    Illinois,  the  Board  of  Trustees  of   Southern   Illinois
20    University  at  Carbondale, the Board of Trustees of Southern
21    Illinois University at Edwardsville, the Board of Trustees of
22    Chicago State University, the Board of  Trustees  of  Eastern
23    Illinois University, the Board of Trustees of Governors State
24    University,   the   Board   of  Trustees  of  Illinois  State
25    University, the Board of Trustees  of  Northeastern  Illinois
26    University,  the  Board  of  Trustees  of  Northern  Illinois
27    University,   the  Board  of  Trustees  of  Western  Illinois
28    University,  or  the  Board  of  Trustees  of  the   Illinois
29    Mathematics  and  Science  Academy, for damages on account of
30    any injury to his person shall file  in  the  office  of  the
31    Attorney  General  and also in the office of the Clerk of the
32    Court of Claims, either by himself, his agent,  or  attorney,
33    giving the name of the person to whom the cause of action has
 
                            -209-    LRB093 08082 NHT 08283 b
 1    accrued,  the  name  and residence of the person injured, the
 2    date and about  the  hour  of  the  accident,  the  place  or
 3    location  where the accident occurred, a brief description of
 4    how the accident occurred, and the name and  address  of  the
 5    attending  physician, if any, except as otherwise provided by
 6    the Crime Victims Compensation Act.
 7        In actions for death by wrongful act, neglect or default,
 8    the executor of the estate, or in the event there is no will,
 9    the administrator or other  personal  representative  of  the
10    decedent,  shall  file  within 1 year of the date of death or
11    the date that the executor  or  administrator  is  qualified,
12    whichever occurs later, in the office of the Attorney General
13    and  also  in the office of the Clerk of the Court of Claims,
14    giving the name of the person to whom the cause of action has
15    accrued, the name and last residence  of  the  decedent,  the
16    date   of  the  accident  causing  death,  the  date  of  the
17    decedent's demise, the place or location where  the  accident
18    causing  the  death  occurred, the date and about the hour of
19    the  accident,  a  brief  description  of  how  the  accident
20    occurred, and  the  names  and  addresses  of  the  attending
21    physician  and  treating hospital if any, except as otherwise
22    provided by the Crime Victims Compensation Act.
23        A claimant is not required to file the notice required by
24    this Section if he or she files his or her claim  within  one
25    year of its accrual.
26    (Source: P.A. 89-4, eff. 1-1-96; 90-492, eff. 8-17-97.)

27        (705 ILCS 505/22-2) (from Ch. 37, par. 439.22-2)
28        Sec. 22-2.  If the notice provided for by Section 22-1 is
29    not  filed  as  provided  in  that  Section,  any such action
30    commenced against the State of Illinois, the  Medical  Center
31    Commission,  the  Board  of  Trustees  of  the  University of
32    Illinois,  the  Board  of  Trustees  of   Southern   Illinois
33    University  at  Carbondale, the Board of Trustees of Southern
 
                            -210-    LRB093 08082 NHT 08283 b
 1    Illinois University at Edwardsville, the Board of Trustees of
 2    Chicago State University, the Board of  Trustees  of  Eastern
 3    Illinois University, the Board of Trustees of Governors State
 4    University,   the   Board   of  Trustees  of  Illinois  State
 5    University, the Board of Trustees  of  Northeastern  Illinois
 6    University,  the  Board  of  Trustees  of  Northern  Illinois
 7    University,   the  Board  of  Trustees  of  Western  Illinois
 8    University,  or  the  Board  of  Trustees  of  the   Illinois
 9    Mathematics  and  Science Academy, shall be dismissed and the
10    person to whom any such  cause  of  action  accrued  for  any
11    personal  injury  shall be forever barred from further action
12    in the Court of Claims for such personal  injury,  except  as
13    otherwise provided by the Crime Victims Compensation Act.
14    (Source: P.A. 89-4, eff. 1-1-96.)

15        (110 ILCS 520/3 rep.)
16        Section 500.  The Southern Illinois University Management
17    Act is amended by repealing Section 3.

18        Section  999.  Effective  date.  This Act takes effect on
19    July 1, 2003.
 
                            -211-    LRB093 08082 NHT 08283 b
 1                                INDEX
 2               Statutes amended in order of appearance
 3    5 ILCS 225/2              from Ch. 111 2/3, par. 602
 4    5 ILCS 260/14.3           from Ch. 103, par. 14.3
 5    5 ILCS 340/4              from Ch. 15, par. 504
 6    5 ILCS 340/5              from Ch. 15, par. 505
 7    5 ILCS 365/2              from Ch. 127, par. 352
 8    5 ILCS 410/10
 9    5 ILCS 420/4A-101         from Ch. 127, par. 604A-101
10    15 ILCS 405/13            from Ch. 15, par. 213
11    15 ILCS 405/13.1          from Ch. 15, par. 213.1
12    15 ILCS 405/21            from Ch. 15, par. 221
13    20 ILCS 5/5-525           was 20 ILCS 5/6.01
14    20 ILCS 415/4c            from Ch. 127, par. 63b104c
15    20 ILCS 435/4             from Ch. 127, par. 1404
16    20 ILCS 605/605-355       was 20 ILCS 605/46.19a in part
17    20 ILCS 801/15-10
18    20 ILCS 3105/12           from Ch. 127, par. 782
19    20 ILCS 3110/3            from Ch. 127, par. 213.3
20    20 ILCS 3110/4            from Ch. 127, par. 213.4
21    20 ILCS 3110/5            from Ch. 127, par. 213.5
22    20 ILCS 3110/9            from Ch. 127, par. 213.9
23    25 ILCS 130/10-3          from Ch. 63, par. 1010-3
24    30 ILCS 105/6a-1          from Ch. 127, par. 142a1
25    30 ILCS 105/6a-1h new
26    30 ILCS 105/6a-2          from Ch. 127, par. 142a2
27    30 ILCS 105/6a-3          from Ch. 127, par. 142a3
28    30 ILCS 105/10            from Ch. 127, par. 146
29    30 ILCS 105/12-1          from Ch. 127, par. 148-1
30    30 ILCS 105/13.2          from Ch. 127, par. 149.2
31    30 ILCS 230/1             from Ch. 127, par. 170
32    30 ILCS 235/6             from Ch. 85, par. 906
33    30 ILCS 395/1             from Ch. 127, par. 307
34    30 ILCS 500/1-15.100
 
                            -212-    LRB093 08082 NHT 08283 b
 1    30 ILCS 500/50-13
 2    30 ILCS 575/2             from Ch. 127, par. 132.602
 3    30 ILCS 750/1-3           from Ch. 127, par. 2701-3
 4    40 ILCS 5/15-106          from Ch. 108 1/2, par. 15-106
 5    40 ILCS 5/24-109          from Ch. 108 1/2, par. 24-109
 6    55 ILCS 5/4-2001          from Ch. 34, par. 4-2001
 7    65 ILCS 50/2              from Ch. 144, par. 61.52
 8    65 ILCS 80/4              from Ch. 24, par. 1554
 9    70 ILCS 910/15            from Ch. 23, par. 1265
10    105 ILCS 5/30-13          from Ch. 122, par. 30-13
11    105 ILCS 5/30-15.25       from Ch. 122, par. 30-15.25
12    105 ILCS 5/30-16.4        from Ch. 122, par. 30-16.4
13    105 ILCS 5/30-16.6        from Ch. 122, par. 30-16.6
14    105 ILCS 30/2-3           from Ch. 122, par. 2003
15    105 ILCS 415/1            from Ch. 122, par. 698.1
16    110 ILCS 10/1             from Ch. 144, par. 225
17    110 ILCS 20/1             from Ch. 144, par. 2601
18    110 ILCS 60/1             from Ch. 144, par. 7
19    110 ILCS 62/5-5
20    110 ILCS 63/10
21    110 ILCS 70/36b           from Ch. 24 1/2, par. 38b1
22    110 ILCS 70/36c           from Ch. 24 1/2, par. 38b2
23    110 ILCS 70/36e           from Ch. 24 1/2, par. 38b4
24    110 ILCS 70/36g-1         from Ch. 24 1/2, par. 38b6.1
25    110 ILCS 85/Act title
26    110 ILCS 85/1             from Ch. 144, par. 70.11
27    110 ILCS 85/2             from Ch. 144, par. 70.12
28    110 ILCS 95/1             from Ch. 144, par. 1701
29    110 ILCS 100/2            from Ch. 144, par. 217
30    110 ILCS 110/1            from Ch. 144, par. 2101
31    110 ILCS 205/1            from Ch. 144, par. 181
32    110 ILCS 205/7            from Ch. 144, par. 187
33    110 ILCS 205/8            from Ch. 144, par. 188
34    110 ILCS 205/9.11         from Ch. 144, par. 189.11
 
                            -213-    LRB093 08082 NHT 08283 b
 1    110 ILCS 205/9.29
 2    110 ILCS 205/10           from Ch. 144, par. 190
 3    110 ILCS 220/2            from Ch. 144, par. 282
 4    110 ILCS 225/2            from Ch. 144, par. 2952
 5    110 ILCS 305/7f           from Ch. 144, par. 28f
 6    110 ILCS 305/8a           from Ch. 144, par. 29a
 7    110 ILCS 510/Act title
 8    110 ILCS 510/2            from Ch. 144, par. 602
 9    110 ILCS 510/12           from Ch. 144, par. 612
10    110 ILCS 510/15           from Ch. 144, par. 615
11    110 ILCS 520/Act title
12    110 ILCS 520/0.05 new
13    110 ILCS 520/1            from Ch. 144, par. 651
14    110 ILCS 520/1.5 new
15    110 ILCS 520/1.10 new
16    110 ILCS 520/2            from Ch. 144, par. 652
17    110 ILCS 520/3.5 new
18    110 ILCS 520/3.10 new
19    110 ILCS 520/3.15 new
20    110 ILCS 520/4            from Ch. 144, par. 654
21    110 ILCS 520/5            from Ch. 144, par. 655
22    110 ILCS 520/6.6
23    110 ILCS 520/8            from Ch. 144, par. 658
24    110 ILCS 520/8a           from Ch. 144, par. 658a
25    110 ILCS 520/8b           from Ch. 144, par. 658b
26    110 ILCS 520/8c           from Ch. 144, par. 658c
27    110 ILCS 520/8d           from Ch. 144, par. 658d
28    110 ILCS 520/8e           from Ch. 144, par. 658e
29    110 ILCS 520/8f           from Ch. 144, par. 658f
30    110 ILCS 525/Act title
31    110 ILCS 525/2            from Ch. 144, par. 672
32    110 ILCS 530/1            from Ch. 144, par. 691
33    110 ILCS 530/2            from Ch. 144, par. 692
34    110 ILCS 660/5-90
 
                            -214-    LRB093 08082 NHT 08283 b
 1    110 ILCS 665/10-90
 2    110 ILCS 670/15-90
 3    110 ILCS 675/20-90
 4    110 ILCS 680/25-90
 5    110 ILCS 685/30-90
 6    110 ILCS 690/35-90
 7    110 ILCS 920/3            from Ch. 144, par. 2403
 8    110 ILCS 947/45
 9    110 ILCS 947/65
10    110 ILCS 947/65.20
11    110 ILCS 947/65.25
12    110 ILCS 947/65.30
13    110 ILCS 947/65.40
14    110 ILCS 979/10
15    110 ILCS 990/1            from Ch. 144, par. 1801
16    220 ILCS 5/16-111.1
17    220 ILCS 5/16-111.2
18    225 ILCS 460/3            from Ch. 23, par. 5103
19    235 ILCS 5/12-1
20    410 ILCS 65/3             from Ch. 111 1/2, par. 8053
21    410 ILCS 65/3.1           from Ch. 111 1/2, par. 8053.1
22    410 ILCS 65/5.5
23    415 ILCS 20/3.1           from Ch. 111 1/2, par. 7053.1
24    415 ILCS 55/7             from Ch. 111 1/2, par. 7457
25    505 ILCS 82/15
26    705 ILCS 505/8            from Ch. 37, par. 439.8
27    705 ILCS 505/22-1         from Ch. 37, par. 439.22-1
28    705 ILCS 505/22-2         from Ch. 37, par. 439.22-2
29    110 ILCS 520/3 rep.