Full Text of SB2846 98th General Assembly
SB2846sam002 98TH GENERAL ASSEMBLY | Sen. William R. Haine Filed: 4/1/2014
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| 1 | | AMENDMENT TO SENATE BILL 2846
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2846, AS AMENDED, | 3 | | by replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Private College Act is amended by adding | 6 | | Section 1.5 as follows: | 7 | | (110 ILCS 1005/1.5 new) | 8 | | Sec. 1.5. Exemption from Act; nonprofit religious | 9 | | institution. | 10 | | (a) A nonprofit institution owned, controlled, and | 11 | | operated and
maintained by a bona fide church, religious | 12 | | denomination, or religious
organization comprised of | 13 | | multi-denominational members of the same
well-recognized | 14 | | religion, lawfully operating as a nonprofit religious
| 15 | | corporation pursuant to the Religious Corporation Act, is | 16 | | exempt from this Act if (i) the education is limited to |
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| 1 | | instruction in the principles of that church, religious | 2 | | denomination, or
religious organization or to courses offered | 3 | | for the purpose of training the adherents of that church, | 4 | | religious denomination, or religious organization in the care | 5 | | of the sick in accordance with its religious tenets; (ii) the | 6 | | diploma or degree is limited
to evidence of completion of that | 7 | | education and the meritorious
recognition upon which any | 8 | | honorary degree is conferred is limited to
the principles of | 9 | | that church, religious denomination, or religious
| 10 | | organization; and (iii) the institution's handbook for | 11 | | students includes the following statement: "This religious | 12 | | degree is not approved by the Illinois Board of Higher | 13 | | Education.". | 14 | | (b) Institutions exempt under this Section shall offer
| 15 | | degrees and diplomas only in the beliefs and practices of the | 16 | | church,
religious denomination, or religious organization. The | 17 | | enactment of this amendatory Act of the 98th General Assembly | 18 | | expresses the legislative intent that this State must not | 19 | | involve itself in the content of degree programs awarded by any | 20 | | institution exempt under this Section, as long as the | 21 | | institution awards degrees
and diplomas only in the beliefs and | 22 | | practices of the church, religious
denomination, or religious | 23 | | organization. | 24 | | (c) Institutions exempt under this Section may not award | 25 | | degrees in any area other than religion. Any degree or diploma | 26 | | granted in any area of study under this Section shall contain |
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| 1 | | on its face, in the written description of the title
of the | 2 | | degree being conferred, a reference to the theological or | 3 | | religious
aspect of the degree's subject area. Degrees awarded | 4 | | under this
Section shall reflect the nature of the degree | 5 | | title, such as "religious associate's degree", "religious | 6 | | bachelor's degree", "religious master's degree", or "religious | 7 | | doctorate degree". The degree title of "associate
of arts", | 8 | | "associate of science", "bachelor of arts", "bachelor of
| 9 | | science", "master of arts", "master of science", "doctor of
| 10 | | philosophy", or "Ph.D." may be awarded only if the institution | 11 | | obtains a certificate of approval under Section 2 this Act. The | 12 | | enactment of this amendatory Act of the 98th General Assembly | 13 | | is intended to prevent any entity claiming to be a nonprofit | 14 | | institution owned, controlled, and operated and maintained by
a | 15 | | bona fide church, religious denomination, or religious | 16 | | organization
comprised of multi-denominational members of the | 17 | | same
well-recognized religion, lawfully operating as a | 18 | | nonprofit religious
corporation pursuant to the Religious | 19 | | Corporation Act, from marketing and
granting degrees or | 20 | | diplomas that are represented as being linked to their
church, | 21 | | religious denomination, or religious organization, but which, | 22 | | in
reality, are degrees in secular areas of study. | 23 | | (d) An institution exempt under this Section shall annually | 24 | | file with the Board evidence to demonstrate its status as a | 25 | | nonprofit religious corporation under the
Religious | 26 | | Corporation Act. |
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| 1 | | Section 10. The Academic Degree Act is amended by changing | 2 | | Section 11 as follows:
| 3 | | (110 ILCS 1010/11) (from Ch. 144, par. 241)
| 4 | | Sec. 11. Exemptions. | 5 | | (a) This Act shall not apply to any school or
educational | 6 | | institution regulated or approved under the Nurse Practice Act.
| 7 | | (b) This Act shall not apply to any of the following:
| 8 | | (1) (a) in-training programs by corporations or other | 9 | | business organizations
for the training of their | 10 | | personnel;
| 11 | | (2) (b) education or other improvement programs by | 12 | | business, trade and
similar organizations and associations | 13 | | for the benefit of their members
only; or
| 14 | | (3) (c) apprentice or other training programs by labor | 15 | | unions.
| 16 | | (c) A nonprofit institution owned, controlled, and | 17 | | operated and
maintained by a bona fide church, religious | 18 | | denomination, or religious
organization comprised of | 19 | | multi-denominational members of the same
well-recognized | 20 | | religion, lawfully operating as a nonprofit religious
| 21 | | corporation pursuant to the Religious Corporation Act, is | 22 | | exempt from this Act if (i) the education is limited to | 23 | | instruction in the principles of that church, religious | 24 | | denomination, or
religious organization or to courses offered |
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| 1 | | for the purpose of training the adherents of that church, | 2 | | religious denomination, or religious organization in the care | 3 | | of the sick in accordance with its religious tenets; (ii) the | 4 | | diploma or degree is limited
to evidence of completion of that | 5 | | education and the meritorious
recognition upon which any | 6 | | honorary degree is conferred is limited to
the principles of | 7 | | that church, religious denomination, or religious
| 8 | | organization; and (iii) the institution's handbook for | 9 | | students includes the following statement: "This religious | 10 | | degree is not approved by the Illinois Board of Higher | 11 | | Education.". | 12 | | Institutions exempt under this subsection (c) shall offer
| 13 | | degrees and diplomas only in the beliefs and practices of the | 14 | | church,
religious denomination, or religious organization. The | 15 | | enactment of this amendatory Act of the 98th General Assembly | 16 | | expresses the legislative intent that this State must not | 17 | | involve itself in the content of degree programs awarded by any | 18 | | institution exempt under this subsection (c), as long as the | 19 | | institution awards degrees
and diplomas only in the beliefs and | 20 | | practices of the church, religious
denomination, or religious | 21 | | organization. | 22 | | Institutions exempt under this subsection (c) may not award | 23 | | degrees in any area other than religion. Any degree or diploma | 24 | | granted in any area of study under this Section shall contain | 25 | | on its face, in the written description of the title
of the | 26 | | degree being conferred, a reference to the theological or |
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| 1 | | religious
aspect of the degree's subject area. Degrees awarded | 2 | | under this
subsection (c) shall reflect the nature of the | 3 | | degree title, such as "religious associate's degree", | 4 | | "religious bachelor's degree", "religious master's degree", or | 5 | | "religious doctorate degree". The degree title of "associate
of | 6 | | arts", "associate of science", "bachelor of arts", "bachelor of
| 7 | | science", "master of arts", "master of science", "doctor of | 8 | | philosophy", or "Ph.D." may be awarded only if the institution | 9 | | is authorized to award such a degree and is approved as a | 10 | | degree granting institution under Section 4 or 5 of this Act. | 11 | | The enactment of this amendatory Act of the 98th General | 12 | | Assembly is intended to prevent any entity claiming to be a | 13 | | nonprofit institution owned, controlled, and operated and | 14 | | maintained by
a bona fide church, religious denomination, or | 15 | | religious organization
comprised of multi-denominational | 16 | | members of the same
well-recognized religion, lawfully | 17 | | operating as a nonprofit religious
corporation pursuant to the | 18 | | Religious Corporation Act, from marketing and
granting degrees | 19 | | or diplomas that are represented as being linked to their
| 20 | | church, religious denomination, or religious organization, but | 21 | | which, in
reality, are degrees in secular areas of study. | 22 | | An institution exempt under this subsection (c) shall | 23 | | annually file with the Board evidence to demonstrate its status | 24 | | as a nonprofit religious corporation under the
Religious | 25 | | Corporation Act. | 26 | | (Source: P.A. 95-639, eff. 10-5-07.)
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| 1 | | Section 99. Effective date. This Act takes effect July 1, | 2 | | 2014.".
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