Illinois General Assembly - Full Text of HB0227
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Full Text of HB0227  97th General Assembly



State of Illinois
2011 and 2012


Introduced 01/21/11, by Rep. Jack D. Franks


105 ILCS 5/30-9  from Ch. 122, par. 30-9
105 ILCS 5/30-10  from Ch. 122, par. 30-10
105 ILCS 5/30-11  from Ch. 122, par. 30-11
105 ILCS 5/30-12  from Ch. 122, par. 30-12

    Amends the School Code. Provides that after June 1, 2011 persons may not be nominated for General Assembly scholarships and that General Assembly scholarships may not be awarded after that date unless the nomination is made prior to that date. Prevents both second nominations for any lapsed General Assembly scholarship and nominating persons to the unused or unexpired parts of any vacated General Assembly scholarship after June 1, 2011. Effective immediately.

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1    AN ACT concerning education.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The School Code is amended by changing Sections
530-9, 30-10, 30-11, and 30-12 as follows:
6    (105 ILCS 5/30-9)  (from Ch. 122, par. 30-9)
7    Sec. 30-9. General Assembly scholarship; conditions of
8admission; award by competitive examination.
9    (a) The provisions of this subsection (a) are subject to
10subsection (b). Each member of the General Assembly may
11nominate annually 2 persons of school age and otherwise
12eligible, from his district; each shall receive a certificate
13of scholarship in any State supported university designated by
14the member. Any member of the General Assembly in making
15nominations under this Section may designate that his nominee
16be granted a 4 year scholarship or may instead designate 2 or 4
17nominees for that particular scholarship, each to receive a 2
18year or a one year scholarship, respectively. The nominee, if a
19graduate of a school accredited by the University to which
20nominated, shall be admitted to the university on the same
21conditions as to educational qualifications as are other
22graduates of accredited schools. If the nominee is not a
23graduate of a school accredited by the university to which



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1nominated, he must, before being entitled to the benefits of
2the scholarship, pass an examination given by the
3superintendent of schools of the county where he resides at the
4time stated in Section 30-7 for the competitive examination.
5The president of each university shall prescribe the rules
6governing the examination for scholarship to his university.
7    A member of the General Assembly may award the scholarship
8by competitive examination conducted under like rules as
9prescribed in Section 30-7 even though one or more of the
10applicants are graduates of schools accredited by the
12    A member of the General Assembly may delegate to the
13Illinois Student Assistance Commission the authority to
14nominate persons for General Assembly scholarships which that
15member would otherwise be entitled to award, or may direct the
16Commission to evaluate and make recommendations to the member
17concerning candidates for such scholarships. In the event a
18member delegates his nominating authority or directs the
19Commission to evaluate and make recommendations concerning
20candidates for General Assembly scholarships, the member shall
21inform the Commission in writing of the criteria which he
22wishes the Commission to apply in nominating or recommending
23candidates. Those criteria may include some or all of the
24criteria provided in Section 25 of the Higher Education Student
25Assistance Act. A delegation of authority under this paragraph
26may be revoked at any time by the member.



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1    Failure of a member of the General Assembly to make a
2nomination in any year shall not cause that scholarship to
3lapse, but the member may make a nomination for such
4scholarship at any time thereafter through June 1, 2011; before
5the expiration of his term, and the person so nominated shall
6be entitled to the same benefits as holders of other
7scholarships provided herein. Any such scholarship for which a
8member has made no nomination on or before June 1, 2011 prior
9to the expiration of the term for which he was elected shall
10lapse upon the expiration of that term.
11    (b) After June 1, 2011 no person may be nominated to
12receive any one-year, 2-year, 4-year, or other scholarship or
13certificate of scholarship under this Section, nor may any such
14scholarship be awarded under this Section after June 1, 2011
15unless the person was nominated prior to that date to receive
16that scholarship.
17(Source: P.A. 93-349, eff. 7-24-03.)
18    (105 ILCS 5/30-10)  (from Ch. 122, par. 30-10)
19    Sec. 30-10. Filing nominations-Failure to accept or
20pass-Second nomination.     Nominations that are made , under
21Section 30-9 on or before June 1, 2011 and that show , showing
22the name and address of the nominee, and the term of the
23scholarship, whether 4 years, 2 years or one year, must be
24filed with the State Superintendent of Education not later than
25the opening day of the semester or term with which the



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1scholarship is to become effective. The State Superintendent of
2Education shall forthwith notify the president of the
3university of such nomination. No valid nomination to any
4scholarship may be made under Section 30-9 after June 1, 2011.
5    If the nominee fails to accept the nomination or, not being
6a graduate of a school accredited by the university, fails to
7pass the examination for admission, the president of the
8university shall at once notify the State Superintendent of
9Education. Upon receiving such notification, the State
10Superintendent of Education shall notify the nominating
11member, who may, on or before, but not after June 1, 2011, name
12another person for the scholarship. The second nomination must
13be received by the State Superintendent of Education not later
14than the middle of the semester or term with which the
15scholarship was to have become effective under the original
16nomination in order to become effective as of the opening date
17of such semester or term otherwise it shall not become
18effective until the beginning of the next semester or term
19following the making of the second nomination; provided that
20the second nomination must be made, if at all, on or before
21June 1, 2011 or the scholarship shall be deemed to have lapsed
22by operation of law. Upon receiving such notification of a
23second nomination on or before June 1, 2011, the State
24Superintendent of Education shall notify the president of the
25university of such second nomination. If any person nominated
26after the effective date of this amendatory Act of 1973 to



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1receive a General Assembly scholarship changes his residence to
2a location outside of the district from which he was nominated,
3his nominating member may terminate that scholarship at the
4conclusion of the college year in which he is then enrolled,
5but after June 1, 2011 no person may be nominated to receive or
6otherwise be awarded all or any part of the scholarship that is
7unused or unexpired at the time the scholarship is so
8terminated. For purposes of this paragraph, a person changes
9his residence if he registers to vote in a location outside of
10the district from which he was nominated, but does not change
11his residence merely by taking off-campus housing or living in
12a nonuniversity residence.
13(Source: P.A. 93-349, eff. 7-24-03.)
14    (105 ILCS 5/30-11)  (from Ch. 122, par. 30-11)
15    Sec. 30-11. Failure to use scholarship - Further
16nominations. If any nominee under Section 30-9 or 30-10
17discontinues his course of instruction or fails to use the
18scholarship, leaving 1, 2, 3, or 4 years thereof unused, the
19member of the General Assembly may, except as otherwise
20provided in this Article, nominate some other person eligible
21under this Article from his district who shall be entitled to
22the scholarship for the unexpired period thereof; provided that
23the nomination for the unexpired period of the scholarship must
24be made, if at all, on or before June 1, 2011 or such
25nomination shall be invalid, and the scholarship and its



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1unexpired period shall be deemed to have lapsed by operation of
2law. Such appointment to an unexpired scholarship vacated
3before July 1, 1961, may be made only by the member of the
4General Assembly who made the original appointment and during
5the time he is such a member. If a scholarship is vacated on or
6after July 1, 1961, and the member of the General Assembly who
7made the original appointment has ceased to be a member, some
8eligible person may be nominated in the following manner to
9fill the vacancy: If the original appointment was made by a
10Senator, such nomination shall be made by the Senator from the
11same district; if the original appointment was made by a
12Representative, such nomination shall be made by the
13Representative from the same district. Every nomination to fill
14a vacancy must be made on or before June 1, 2011 and
15accompanied either by a release of the original nominee or if
16he is dead then an affidavit to that effect by some competent
17person. The failure of a nominee to register at the university
18within 20 days after the opening of any semester or term shall
19be deemed a release by him of the nomination, unless he has
20been granted a leave of absence in accordance with Section
2130-14 or unless his absence is by reason of his entry into the
22military service of the United States. The university shall
23immediately upon the expiration of 20 days after the beginning
24of the semester or term notify the State Board of Education as
25to the status of each scholarship, who shall forthwith notify
26the nominating member of any nominee's failure to register or,



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1if the nominating member has ceased to be a member of the
2General Assembly, shall notify the member or members entitled
3to make the nomination to fill the vacancy. All nominations to
4unused or unexpired scholarships, if made on or before June 1,
52011, shall be effective as of the opening of the semester or
6term of the university during which they are made if they are
7filed with the university during the first half of the semester
8or term, otherwise they shall not be effective until the
9opening of the next following semester or term; provided that
10no nomination to an unused or unexpired scholarship is valid if
11made after June 1, 2011, and an unused or unexpired scholarship
12shall be deemed to have lapsed by operation of law unless the
13nomination to that unused or unexpired scholarship is made on
14or before June 1, 2011.
15(Source: P.A. 93-349, eff. 7-24-03.)
16    (105 ILCS 5/30-12)  (from Ch. 122, par. 30-12)
17    Sec. 30-12. Failure to begin or discontinuance of course
18because of military service.
19    Any nominee, under Sections 30--9, 30--10, or 30--11, who
20fails to begin or discontinues his course of instruction
21because of his entry into the military service of the United
22States, leaving all or a portion of the scholarship unused,
23may, upon completion of such service, use the scholarship or
24the unused portion thereof, regardless of whether or not the
25member of the General Assembly who nominated him is then a



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1member; provided that during the nominee's period of military
2service no other person may be nominated by such member to all
3or any portion of such unused or unfinished scholarship unless
4the nomination is accompanied either by a release of the
5original nominee or if he is dead then an affidavit to that
6effect by some competent person and unless the nomination is
7made on or before June 1, 2011.
8(Source: Laws 1961, p. 31.)
9    Section 99. Effective date. This Act takes effect upon
10becoming law.