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HB4193 Engrossed |
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LRB095 14585 RAS 40498 b |
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| AN ACT concerning education.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Baccalaureate Savings Act is amended by |
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| changing Section 8 as follows:
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| (110 ILCS 920/8) (from Ch. 144, par. 2408)
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| Sec. 8. Grant Program. The proceedings of the
Governor and |
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| the Director of the
Governor's Office of Management and Budget |
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| authorizing the
issuance of College Savings Bonds shall also |
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| provide for a grant
program of additional financial
incentives |
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| to be provided to holders of such Bonds to encourage the
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| enrollment of students at Institutions of Higher Education |
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| located in the
State of Illinois. The Grant Program of |
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| financial incentives shall be
administered by the State |
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| Scholarship Commission pursuant to administrative
rules |
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| promulgated by the Commission. Such financial
incentives shall |
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| be in such forms as
determined by the Governor and the Director |
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| of the
Governor's Office of Management and Budget at
the time |
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| of the authorization of such College Savings Bonds and
may |
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| include, among others, supplemental payments to the holders of |
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| such
Bonds at maturity to be applied to tuition costs at |
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| institutions of higher
education located in the State of |
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| Illinois. The Commission may
establish, by rule, |
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HB4193 Engrossed |
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LRB095 14585 RAS 40498 b |
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| administrative procedures and eligibility criteria for
the |
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| Grant Program, provided that such rules are consistent with the |
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| purposes of
this Act. The Commission may require bond holders, |
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| institutions of higher
education and other necessary parties to |
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| assist in the determination of
eligibility for financial |
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| incentives under the Grant Program. All grants
shall be subject |
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| to annual appropriation of funds for such purpose by the
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| General Assembly ; however, there shall be no expiration date |
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| placed on grants awarded under this Section and any person who |
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| is denied disbursement of a grant due to a lack of funding |
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| shall remain eligible for disbursement of that grant until such |
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| time as funding becomes available, provided that he or she |
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| properly applies for disbursement of the grant on an annual |
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| basis . Notwithstanding any other rulemaking authority that may |
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| exist, neither the Governor nor any agency or agency head under |
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| the jurisdiction of the Governor has any authority to make or |
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| promulgate rules to implement or enforce the provisions of this |
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| amendatory Act of the 95th General Assembly. If, however, the |
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| Governor believes that rules are necessary to implement or |
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| enforce the provisions of this amendatory Act of the 95th |
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| General Assembly, the Governor may suggest rules to the General |
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| Assembly by filing them with the Clerk of the House and the |
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| Secretary of the Senate and by requesting that the General |
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| Assembly authorize such rulemaking by law, enact those |
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| suggested rules into law, or take any other appropriate action |
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| in the General Assembly's discretion. Nothing contained in this |
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HB4193 Engrossed |
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LRB095 14585 RAS 40498 b |
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| amendatory Act of the 95th General Assembly shall be |
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| interpreted to grant rulemaking authority under any other |
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| Illinois statute where such authority is not otherwise |
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| explicitly given. For the purposes of this amendatory Act of |
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| the 95th General Assembly, "rules" is given the meaning |
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| contained in Section 1-70 of the Illinois Administrative |
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| Procedure Act, and "agency" and "agency head" are given the |
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| meanings contained in Sections 1-20 and 1-25 of the Illinois |
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| Administrative Procedure Act to the extent that such |
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| definitions apply to agencies or agency heads under the |
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| jurisdiction of the Governor. Such financial incentives
shall |
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| be provided only if, in the sole
judgment of the Director of |
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| the
Governor's Office of Management and Budget, the cost of |
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| such
incentives shall not cause the cost to the State of the |
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| proceeds of the
College Savings Bonds being sold to be |
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| increased by more than 1/2 of 1%.
No such financial incentives |
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| shall be
paid to assist in the financing of the education of a |
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| student (i) in a school
or department of divinity for any |
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| religious denomination or (ii) pursuing a
course of study |
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| consisting of training to become a minister, priest, rabbi
or |
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| other professional person in the field of religion.
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| (Source: P.A. 94-793, eff. 5-19-06.)
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