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Full Text of SB1641  102nd General Assembly

SB1641 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB1641

 

Introduced 2/26/2021, by Sen. Chapin Rose

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Board of Higher Education Act, the Public Community College Act, and the Higher Education Student Assistance Act. Increases the membership of the Board of Higher Education and makes other changes to the Board's membership. Provides that the Board may require the elimination of any program of instruction, research, or public service at a public university that exhibits a trend of low performance. Provides that, in evaluating a programmatic expansion or new program at a public institution of higher education, the Board, prior to approving the expansion or program, shall make certain findings about the region and the higher education infrastructure in this State. Provides that all of the rights, powers, duties, and functions vested by law in the Illinois Community College Board and the Illinois Student Assistance Commission are transferred to the Board of Higher Education on January 1, 2022. Abolishes the Illinois Community College Board and the Illinois Student Assistance Commission and provides for the transfer of personnel and property on that date.


LRB102 15670 CMG 21034 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB1641LRB102 15670 CMG 21034 b

1    AN ACT concerning higher education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Board of Higher Education Act is amended by
5changing Sections 2, 3, 4, and 7 and by adding Sections 5.5 and
69.40 as follows:
 
7    (110 ILCS 205/2)  (from Ch. 144, par. 182)
8    Sec. 2. Board of Higher Education.
9    (a) There is created a Board of Higher Education to
10consist of 15 16 members as follows:
11        (1) 13 10 members appointed by the Governor, by and
12    with the advice and consent of the Senate. No less than 6
13    of the members appointed under this subsection shall
14    represent public universities and no less than 6 members
15    shall represent public community colleges. Of the 13
16    members, one member shall be a faculty member of a public
17    university in this State, one member shall be a faculty
18    member of a private college or university in this State,
19    one member shall be faculty member of a public community
20    college in this State, and one member shall represent the
21    views of non-traditional students and shall be at least 24
22    years old. The members under this subsection shall be
23    residents of this State and shall be selected, as far as

 

 

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1    practicable, on the basis of their knowledge of or
2    interest or experience in problems of higher education. If
3    the Senate is not in session or is in recess when
4    appointments subject to its confirmation are made, the
5    Governor shall make temporary appointments that shall be
6    subject to subsequent Senate approval. ; one member of a
7    public university governing board, appointed by the
8    Governor without the advice and consent of the Senate; one
9    member of a private college or university board of
10    trustees, appointed by the Governor without the advice and
11    consent of the Senate; the chairman of the Illinois
12    Community College Board; the chairman of the Illinois
13    Student Assistance Commission; and
14        (2) Two nonvoting members who are students and are 2
15    student members selected by an the recognized advisory
16    committee of students of the Board of Higher Education,
17    one of whom must be a student at a public university and
18    the other a student at a public community college a
19    non-traditional undergraduate student who is at least 24
20    years old and represents the views of non-traditional
21    students, such as a person who is employed or is a parent.
22    One of the 10 members appointed by the Governor, by and
23    with the advice and consent of the Senate, must be a
24    faculty member at an Illinois public university.
25    Subject to a requirement that Board members in office on
26the effective date of this amendatory Act of the 102nd General

 

 

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1Assembly may serve the full term to which they were appointed,
2the appointment of Board members to terms that commence on or
3after the effective date of this amendatory Act of the 102nd
4General Assembly shall be made in a manner that gives effect at
5the earliest possible time to the change that is required by
6this amendatory Act of the 102nd General Assembly in the
7representative composition of the Board's membership. Student
8members in office on the effective date of this amendatory Act
9of the 102nd General Assembly may serve the full term to which
10they were selected, and the selection of student members to
11terms that commence on or after the effective date of this
12amendatory Act of the 102nd General Assembly shall be made in a
13manner that gives effect at the earliest possible time to the
14change that is required by this amendatory Act of the 102nd
15General Assembly in the representative composition of the
16student membership.
17    (b) The Governor shall designate the Chairman of the Board
18to serve until a successor is designated. No more than 6 7 of
19the members appointed by the Governor, excluding the Chairman,
20shall be affiliated with the same political party. The 10
21members appointed by the Governor with the advice and consent
22of the Senate shall be citizens of the State and shall be
23selected, as far as may be practicable, on the basis of their
24knowledge of, or interest or experience in, problems of higher
25education. If the Senate is not in session or is in recess,
26when appointments subject to its confirmation are made, the

 

 

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1Governor shall make temporary appointments which shall be
2subject to subsequent Senate approval.
3(Source: P.A. 100-167, eff. 1-1-18.)
 
4    (110 ILCS 205/3)  (from Ch. 144, par. 183)
5    Sec. 3. Terms; vacancies.
6    (a) The members of the Board whose appointments are
7subject to confirmation by the Senate shall be selected for
86-year terms expiring on January 31 of odd numbered years.
9    (b) The members of the Board shall continue to serve after
10the expiration of their terms until their successors have been
11appointed.
12    (c) Vacancies on the Board in offices appointed by the
13Governor shall be filled by appointment by the Governor for
14the unexpired term. If the appointment is subject to Senate
15confirmation and the Senate is not in session or is in recess
16when the appointment is made, the appointee shall serve
17subject to subsequent Senate approval of the appointment.
18    (d) Each student member shall serve a term of one year
19beginning on July 1 of each year.
20    (e) The member of the Board representing public university
21governing boards and the member of the Board representing
22private college and university boards of trustees, who are
23appointed by the Governor before the effective date of this
24amendatory Act of the 102nd General Assembly but are not
25subject to confirmation by the Senate, shall serve terms of

 

 

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1one year beginning on July 1.
2(Source: P.A. 100-167, eff. 1-1-18.)
 
3    (110 ILCS 205/4)  (from Ch. 144, par. 184)
4    Sec. 4. The Board shall hold regular meetings at times
5specified in its rules. Special or additional meetings may be
6held on call of the Chairman, or upon a call signed by at least
76 members, or upon call of the Governor. Eight members of the
8Board shall constitute a quorum at all its meetings, but the
9approval of a new unit of instruction, research, or public
10service for a public institution of higher education, as
11provided in Section 7 shall require the concurrence of a
12majority of all the members of the Board.
13    The Chairmen of the Illinois Community College Board and
14the Illinois Student Assistance Commission holding membership
15on the Board each may designate an alternate to attend any
16meeting of the Board, and an alternate so designated shall
17have all rights and privileges of regular membership while
18acting for the Chairman who has so designated him or her.
19    The Board may employ and fix the compensation of
20professional and clerical staff and other assistants,
21including specialists and consultants, as it may deem
22necessary, on a full or part time basis.
23(Source: P.A. 94-905, eff. 1-1-07.)
 
24    (110 ILCS 205/5.5 new)

 

 

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1    Sec. 5.5. Transfer of powers from the Illinois Community
2College Board and Illinois Student Assistance Commission.
3    (a) All of the rights, powers, duties, and functions
4vested by law in the Illinois Community College Board or the
5Illinois Student Assistance Commission or in any office,
6council, committee, division, or bureau of the Illinois
7Community College Board or the Illinois Student Assistance
8Commission are transferred to the Board of Higher Education on
9January 1, 2022.
10    (b) Personnel employed by the Illinois Community College
11Board or the Illinois Student Assistance Commission on
12December 31, 2021 are transferred to the Board of Higher
13Education on January 1, 2022.
14    The Board of Higher Education shall continue in effect all
15collective bargaining agreements in existence on December 31,
162021 between the Illinois Community College Board or the
17Illinois Student Assistance Commission and labor organizations
18representing personnel of the Illinois Community College Board
19or the Illinois Student Assistance Commission, respectively,
20and the Board of Higher Education shall continue to recognize
21these labor organizations as the exclusive bargaining
22representatives for the personnel, pursuant to the Illinois
23Educational Labor Relations Act or the Illinois Public Labor
24Relations Act.
25    The rights of State employees, the State, and its agencies
26under the Personnel Code and applicable collective bargaining

 

 

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1agreements and retirement plans are not affected by this
2subsection.
3    (c) All books, records, documents, property (real and
4personal), unexpended appropriations, including both obligated
5and unobligated appropriations, and pending business
6pertaining to the rights, powers, duties, and functions
7transferred to the Board of Higher Education under this
8Section shall be transferred and delivered to the Board of
9Higher Education on January 1, 2022, unless otherwise directed
10by the Governor. The Board of Higher Education is the
11successor agency of the Illinois Community College Board and
12the Illinois Student Assistance Commission for purposes of
13Section 9b of the State Finance Act and the Successor Agency
14Act.
15    (d) The rules, standards, and procedures of the Illinois
16Community College Board or the Illinois Student Assistance
17Commission that are in effect on December 31, 2021 and pertain
18to the rights, powers, duties, and functions transferred to
19the Board of Higher Education under this Section shall become
20the rules, standards, and procedures of the Board of Higher
21Education on January 1, 2022 and shall continue in effect
22until amended or repealed by the Board of Higher Education.
23    Any rules pertaining to the rights, powers, duties, and
24functions transferred to the Board of Higher Education under
25this Section that have been proposed by the Illinois Community
26College Board or the Illinois Student Assistance Commission

 

 

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1but have not taken effect or been finally adopted or on before
2December 31, 2021 shall become proposed rules of the Board of
3Higher Education on January 1, 2022, and any rulemaking
4procedures that have already been completed by the Illinois
5Community College Board or the Illinois Student Assistance
6Commission for those proposed rules need not be repeated.
7    (e) The rights, powers, duties, and functions transferred
8to the Board of Higher Education under this Section shall be
9vested in and exercised by the Board of Higher Education,
10subject to the provisions of this Section. An act done by the
11Board of Higher Education or an officer, employee, or agent of
12the Board of Higher Education in the exercise of the
13transferred rights, powers, duties, or functions shall have
14the same legal effect as if done by the Illinois Community
15College Board or the Illinois Student Assistance Commission or
16an officer, employee, or agent of the Illinois Community
17College Board or the Illinois Student Assistance Commission.
18    The transfer of rights, powers, duties, and functions to
19the Board of Higher Education under this Section does not
20invalidate any previous actions taken by or in respect to the
21Illinois Community College Board or the Illinois Student
22Assistance Commission or its officers, employees, or agents.
23    On January 1, 2022, references to the Illinois Community
24College Board or the Illinois Student Assistance Commission or
25its officers, employees, or agents in any document, contract,
26agreement, or law (other than this Section, Section 2-1 of the

 

 

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1Public Community College Act, and Section 15 of the Higher
2Education Student Assistance Act) shall, in appropriate
3contexts, be deemed to refer to the Board of Higher Education
4or its officers, employees, or agents.
5    The transfer of rights, powers, duties, and functions to
6the Board of Higher Education under this Section does not
7affect any person's rights, obligations, or duties, including
8any civil or criminal penalties applicable thereto, arising
9out of those transferred rights, powers, duties, and
10functions.
 
11    (110 ILCS 205/7)  (from Ch. 144, par. 187)
12    Sec. 7. The Board of Trustees of the University of
13Illinois, the Board of Trustees of Southern Illinois
14University, the Board of Trustees of Chicago State University,
15the Board of Trustees of Eastern Illinois University, the
16Board of Trustees of Governors State University, the Board of
17Trustees of Illinois State University, the Board of Trustees
18of Northeastern Illinois University, the Board of Trustees of
19Northern Illinois University, the Board of Trustees of Western
20Illinois University, the Illinois Community College Board and
21the campuses under their governance or supervision shall not
22hereafter undertake the establishment of any new unit of
23instruction, research, or public service without the approval
24of the Board. The term "new unit of instruction, research, or
25public service" includes the establishment of a college,

 

 

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1school, division, institute, department, or other unit in any
2field of instruction, research, or public service not
3theretofore included in the program of the institution, and
4includes the establishment of any new branch or campus. The
5term does not include reasonable and moderate extensions of
6existing curricula, research, or public service programs which
7have a direct relationship to existing programs; and the Board
8may, under its rulemaking power, define the character of such
9reasonable and moderate extensions.
10    Such governing boards shall submit to the Board all
11proposals for a new unit of instruction, research, or public
12service. The Board may approve or disapprove the proposal in
13whole or in part or approve modifications thereof whenever in
14its judgment such action is consistent with the objectives of
15an existing or proposed master plan of higher education.
16    The Board of Higher Education is authorized to review
17periodically all existing programs of instruction, research,
18and public service at the State universities and colleges and
19to advise the appropriate board of control if the contribution
20of each program is not educationally and economically
21justified. Each State university shall report annually to the
22Board on programs of instruction, research, or public service
23that have been terminated, dissolved, reduced, or consolidated
24by the university. Each State university shall also report to
25the Board all programs of instruction, research, and public
26service that exhibit a trend of low performance in

 

 

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1enrollments, degree completions, and high expense per degree.
2The Board may require the elimination of any program of
3instruction, research, or public service at a State university
4that exhibits a trend of low performance. The Board shall
5compile an annual report that shall contain information on new
6programs created, existing programs that have been closed,
7eliminated, or consolidated, and programs that exhibit low
8performance or productivity. The report must be submitted to
9the General Assembly. The Board shall have the authority to
10define relevant terms and timelines by rule with respect to
11this reporting.
12(Source: P.A. 101-81, eff. 7-12-19.)
 
13    (110 ILCS 205/9.40 new)
14    Sec. 9.40. Evaluation of programmatic expansions and new
15programs. In evaluating programmatic expansions and new
16programs at public institutions of higher education, the
17Board, prior to approving such expansions or new programs,
18shall make the following findings:
19        (1) that such an expansion or new program is meeting
20    an unmet need in that region of the State or serving an
21    unserved or underserved population;
22        (2) in cases in which subdivision (1) cannot be
23    satisfied, that a market-demand analysis has been
24    performed to rationally justify that growth opportunity in
25    the area will be forthcoming in the immediate future;

 

 

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1        (3) that the institution has the ability, if so
2    approved, to offer a quality program at a price point that
3    is cheaper for students than existing options elsewhere in
4    the area; and
5        (4) that the opening of such a program does not
6    negatively impact the optimal efficiency of the existing
7    higher education infrastructure in this State.
 
8    Section 10. The Public Community College Act is amended by
9changing Section 2-1 as follows:
 
10    (110 ILCS 805/2-1)  (from Ch. 122, par. 102-1)
11    Sec. 2-1. Illinois Community College Board; abolition.
12    (a) There is created the Illinois Community College Board
13hereinafter referred to as the "State Board". The State Board
14shall consist of 12 members as follows: a nonvoting student
15member selected by the recognized advisory committee of
16students of the Illinois Community College Board, this student
17to serve for a term of one year beginning on July 1 of each
18year, except that the student member initially selected shall
19serve a term beginning on the date of such selection and
20expiring on the next succeeding June 30, and except that any
21student member or former student member may be selected by the
22recognized advisory committee of students of the State Board
23to serve a second term as the nonvoting student member of the
24State Board; and 11 members, one of whom shall be a senior

 

 

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1citizen age 60 or over, to be appointed by the Governor by and
2with the advice and consent of the Senate. Beginning on July 1,
32005, one of the 11 members appointed by the Governor, by and
4with the advice and consent of the Senate, must be a faculty
5member at an Illinois public community college. Also beginning
6on July 1, 2005, one of the 11 members appointed by the
7Governor, by and with the advice and consent of the Senate,
8must be a member of the board of trustees of a public community
9college district. After the effective date of this amendatory
10Act of the 97th General Assembly, one of the 11 members to be
11appointed by the Governor, by and with the advice and consent
12of the Senate, must be the president of a public community
13college, the Chancellor of City Colleges of Chicago (Community
14College District No. 508), or the Chief Executive Officer of
15Illinois Eastern Community Colleges (Community College
16District No. 529). The membership requirements set forth in
17this Section apply only to the State Board and shall have no
18effect on the membership of the board of trustees of a
19community college district. The members first appointed under
20this amendatory Act of 1984 shall serve for a term of 6 years.
21After the expiration of the terms of the office of the members
22first appointed to the State Board, their respective
23successors shall hold office for a term of 6 years and until
24their successors are qualified and seated. In the event of
25vacancies on the State Board in offices appointed by the
26Governor occurring during a recess of the Senate, the Governor

 

 

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1shall have the power to make temporary appointments until the
2next meeting of the Senate, when the vacancy shall be filled by
3nomination to be confirmed by the Senate.
4    (b) On January 1, 2022, the State Board is abolished and
5the terms of all members end. Except for references in this
6Section, beginning on January 1, 2022, references in this Act
7to the Illinois Community College Board shall, in appropriate
8contexts, be deemed to refer to the Board of Higher Education.
9(Source: P.A. 97-1106, eff. 8-27-12.)
 
10    (110 ILCS 805/2-2 rep.)
11    (110 ILCS 805/2-3 rep.)
12    (110 ILCS 805/2-5 rep.)
13    (110 ILCS 805/2-8 rep.)
14    (110 ILCS 805/2-9 rep.)
15    Section 15. The Public Community College Act is amended by
16repealing Sections 2-2, 2-3, 2-5, 2-8, and 2-9.
 
17    Section 20. The Higher Education Student Assistance Act is
18amended by changing Section 15 as follows:
 
19    (110 ILCS 947/15)
20    Sec. 15. Illinois Student Assistance Commission;
21abolition.
22    (a) There is established the Illinois Student Assistance
23Commission, consisting of 10 persons to be appointed by the

 

 

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1Governor with the advice and consent of the Senate. The
2membership of the Commission shall consist of one
3representative of the institutions of higher learning operated
4by the State; one representative of the private institutions
5of higher learning located in the State; one representative of
6the public community colleges located in the State; one
7representative of the public high schools located in the
8State; 5 citizens of the State chosen for their knowledge of
9and interest in higher education, but not employed by,
10professionally affiliated with, or members of the governing
11boards of any institution of higher learning located in the
12State, and one student member selected from nominations
13submitted to the Governor by multi-campus student
14organizations, including but not limited to, the recognized
15advisory committee of students of the Illinois Community
16College Board, the recognized advisory committee of students
17of the Board of Higher Education, and the recognized advisory
18committee of students of the Federation of Independent
19Illinois Colleges and Universities. The Governor shall
20designate one member, other than the student member, as
21chairman. Each member of the Commission, including the student
22member, shall serve without compensation, but shall be
23reimbursed for expenses necessarily incurred in performing his
24or her duties under this Act. Subject to a requirement that
25Commission members in office on the effective date of this
26amendatory Act of 1995 may serve the full term to which they

 

 

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1were appointed, the appointment of Commission members to terms
2that commence on or after that effective date shall be made in
3a manner that gives effect at the earliest possible time to the
4change that is required by this amendatory Act in the
5representative composition of the Commission's membership.
6    (b) The term of office of each member, other than the
7student member, is 6 years from July 1 of the year of
8appointment, and until his successor is appointed and
9qualified. If a member's tenure of office, other than that of
10the student member, is terminated for any reason before his or
11her term has expired, the Governor shall fill the vacancy by
12the appointment of a person who has the same representative
13status as the person whose term has been so terminated, and the
14new appointee shall hold office only for the remainder of that
15term and until a successor is appointed and qualified. The
16term of the student member shall be for 2 years from July 1 of
17each odd-numbered year. If the tenure of the student member is
18terminated for any reason, the vacancy shall be filled in the
19same manner as heretofore provided for a regular term of
20office appointment of the student member. The new student
21appointee shall hold office only for the remainder of that
22term. A student appointee's status on the Commission may not
23be considered in determining his or her eligibility for
24programs administered by the Commission.
25    (c) Before the effective date of this amendatory Act of
26the 102nd General Assembly, in In accordance with the

 

 

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1provisions of the State Universities Civil Service Act, the
2Commission shall employ a professionally qualified person as
3the Executive Director of the Commission, and such other
4employees as may be necessary to effectuate the purposes of
5this Act. Beginning on the effective date of this amendatory
6Act of the 102nd General Assembly, to effectuate the purposes
7of this Act and in accordance with the State Universities
8Civil Service Act, the Board of Higher Education shall employ
9a professionally qualified person as an executive officer and
10such employees as may be necessary.
11    (d) The Commission shall meet at least once in each fiscal
12year, and may meet at other times which the Chairman may
13designate by giving at least 10 days' written notice to each
14member.
15    (e) On January 1, 2022, the Commission is abolished and
16the terms of all members end. Except for references in this
17Section, beginning on January 1, 2022, references in this Act
18to the Illinois Student Assistance Commission shall, in
19appropriate contexts, be deemed to refer to the Board of
20Higher Education.
21(Source: P.A. 99-198, eff. 7-30-15.)

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    110 ILCS 205/2from Ch. 144, par. 182
4    110 ILCS 205/3from Ch. 144, par. 183
5    110 ILCS 205/4from Ch. 144, par. 184
6    110 ILCS 205/5.5 new
7    110 ILCS 205/7from Ch. 144, par. 187
8    110 ILCS 205/9.40 new
9    110 ILCS 805/2-1from Ch. 122, par. 102-1
10    110 ILCS 805/2-2 rep.
11    110 ILCS 805/2-3 rep.
12    110 ILCS 805/2-5 rep.
13    110 ILCS 805/2-8 rep.
14    110 ILCS 805/2-9 rep.
15    110 ILCS 947/15