Full Text of HB0005 98th General Assembly
HB0005 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB0005 Introduced 1/9/2013, by Rep. Mary E. Flowers SYNOPSIS AS INTRODUCED: |
| 5 ILCS 410/10 | | 30 ILCS 575/2 | | 30 ILCS 577/35-5 | | 110 ILCS 925/3.07 | from Ch. 144, par. 1503.07 | 110 ILCS 930/2 | from Ch. 144, par. 2302 | 110 ILCS 947/65.30 | |
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Amends the State Employment Records Act; the Business Enterprise for Minorities, Females, and Persons with
Disabilities Act; the State Construction Minority and Female Building Trades Act; the Dental Student Grant Act; the Diversifying Higher Education Faculty in Illinois Act; and the Higher Education Student Assistance Act. Redefines the terms "minority", "minority person", "under-represented minority", and "racial minority" in the affected Acts to include all persons of Middle Eastern origin. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning persons who are racial minorities.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The State Employment Records Act is amended by | 5 | | changing Section 10 as follows:
| 6 | | (5 ILCS 410/10)
| 7 | | Sec. 10. Definitions. As used in this Act:
| 8 | | (a) "Agency work force" means those persons employed by a | 9 | | State agency
who are part of the State work force.
| 10 | | (b) "Contractual services employee" means a person | 11 | | employed by the
State, or a State supported institution of | 12 | | higher education, under a
written contract and paid by a State | 13 | | system CO-2 voucher (or its
administrative equivalent) whose | 14 | | daily duties and responsibilities are
directly or indirectly | 15 | | supervised or managed by a person paid by a payroll
warrant (or | 16 | | its administrative equivalent) funded by State funds or pass
| 17 | | through funds.
| 18 | | (c) "Agency" or "State agency" means those entities | 19 | | included in the
definition of "State agencies" in the Illinois | 20 | | State Auditing Act.
| 21 | | (d) "Minority" means a person who is any of the following:
| 22 | | (1) American Indian or Alaska Native (a person having | 23 | | origins in any of the original peoples of North and South |
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| 1 | | America, including Central America, and who maintains | 2 | | tribal affiliation or community attachment). | 3 | | (2) Asian (a person having origins in any of the | 4 | | original peoples of the Far East, Southeast Asia, or the | 5 | | Indian subcontinent, including, but not limited to, | 6 | | Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, | 7 | | the Philippine Islands, Thailand, and Vietnam). | 8 | | (3) Black or African American (a person having origins | 9 | | in any of the black racial groups of Africa). Terms such as | 10 | | "Haitian" or "Negro" can be used in addition to "Black or | 11 | | African American". | 12 | | (4) Hispanic or Latino (a person of Cuban, Mexican, | 13 | | Puerto Rican, South or Central American, or other Spanish | 14 | | culture or origin, regardless of race). | 15 | | (5) Native Hawaiian or Other Pacific Islander (a person | 16 | | having origins in any of the original peoples of Hawaii, | 17 | | Guam, Samoa, or other Pacific Islands).
| 18 | | (6) Middle Eastern (a person having origins in any of | 19 | | the original peoples of the Middle East, including, but not | 20 | | limited to, Bahrain, Cyprus, Egypt, Iran, Iraq, Iraqi | 21 | | Kurdistan, Israel, Jordan, Kuwait, Lebanon, Northern | 22 | | Cyprus, Oman, the Palestinian territories, Qatar, Saudi | 23 | | Arabia, Syria, the United Arab Emirates, and Yemen). | 24 | | (e) "Professional employee" means a person employed to | 25 | | perform
employment duties requiring academic training, | 26 | | evidenced by a graduate or
advanced degree from an accredited |
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| 1 | | institution of higher education, and
who, in the performance of | 2 | | those employment duties, may only engage in active
practice of | 3 | | the academic training received when licensed or certified by
| 4 | | the State of Illinois.
| 5 | | (f) "State employee" means any person employed within the | 6 | | State work force.
| 7 | | (g) "State work force" means all persons employed by the | 8 | | State of
Illinois as evidenced by:
| 9 | | (1) the total number of all payroll warrants (or their | 10 | | administrative
equivalent) issued by the Comptroller to | 11 | | pay:
| 12 | | (i) persons subject to the Personnel Code; and
| 13 | | (ii) for the sole purpose of providing accurate | 14 | | statistical
information, all persons exempt from the | 15 | | Personnel Code; and
| 16 | | (2) the total number of payroll warrants (or their | 17 | | administrative
equivalent) funded by State appropriation | 18 | | which are issued by educational
institutions governed by | 19 | | the Board of Trustees of the University of
Illinois, the | 20 | | Board of Trustees of Southern Illinois University, the | 21 | | Board
of Governors of State Colleges and Universities, and | 22 | | the Board of Regents; and
| 23 | | (3) the total number of contractual payroll system CO-2 | 24 | | vouchers (or
their administrative equivalent) funded by | 25 | | State revenues and issued by:
| 26 | | (i) the State Comptroller; and
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| 1 | | (ii) the issuing agents of the educational | 2 | | institutions listed in
subdivision (2) of this | 3 | | subsection (g).
| 4 | | "State work force" does not, however, include
persons holding | 5 | | elective State office.
| 6 | | (Source: P.A. 97-396, eff. 1-1-12.)
| 7 | | Section 10. The Business Enterprise for Minorities, | 8 | | Females, and Persons with
Disabilities Act is amended by | 9 | | changing Section 2 as follows:
| 10 | | (30 ILCS 575/2)
| 11 | | (Section scheduled to be repealed on June 30, 2016) | 12 | | Sec. 2. Definitions.
| 13 | | (A) For the purpose of this Act, the following
terms shall | 14 | | have the following definitions:
| 15 | | (1) "Minority person" shall mean a person who is a | 16 | | citizen or lawful
permanent resident of the United States | 17 | | and who is any of the following:
| 18 | | (a) American Indian or Alaska Native (a person | 19 | | having origins in any of the original peoples of North | 20 | | and South America, including Central America, and who | 21 | | maintains tribal affiliation or community attachment). | 22 | | (b) Asian (a person having origins in any of the | 23 | | original peoples of the Far East, Southeast Asia, or | 24 | | the Indian subcontinent, including, but not limited |
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| 1 | | to, Cambodia, China, India, Japan, Korea, Malaysia, | 2 | | Pakistan, the Philippine Islands, Thailand, and | 3 | | Vietnam). | 4 | | (c) Black or African American (a person having | 5 | | origins in any of the black racial groups of Africa). | 6 | | Terms such as "Haitian" or "Negro" can be used in | 7 | | addition to "Black or African American". | 8 | | (d) Hispanic or Latino (a person of Cuban, Mexican, | 9 | | Puerto Rican, South or Central American, or other | 10 | | Spanish culture or origin, regardless of race). | 11 | | (e) Native Hawaiian or Other Pacific Islander (a | 12 | | person having origins in any of the original peoples of | 13 | | Hawaii, Guam, Samoa, or other Pacific Islands).
| 14 | | (f) Middle Eastern (a person having origins in any | 15 | | of the original peoples of the Middle East, including, | 16 | | but not limited to, Bahrain, Cyprus, Egypt, Iran, Iraq, | 17 | | Iraqi Kurdistan, Israel, Jordan, Kuwait, Lebanon, | 18 | | Northern Cyprus, Oman, the Palestinian territories, | 19 | | Qatar, Saudi Arabia, Syria, the United Arab Emirates, | 20 | | and Yemen). | 21 | | (2) "Female" shall mean a person who is a citizen or | 22 | | lawful permanent
resident of the United States and who is | 23 | | of the female gender.
| 24 | | (2.05) "Person with a disability" means a person who is | 25 | | a citizen or
lawful resident of the United States and is a | 26 | | person qualifying as being
disabled under subdivision |
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| 1 | | (2.1) 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 | | Crohn's disease, | 13 | | cystic fibrosis,
| 14 | | deafness,
| 15 | | head injury,
| 16 | | heart disease,
| 17 | | hemiplegia,
| 18 | | hemophilia,
| 19 | | respiratory or pulmonary dysfunction,
| 20 | | an intellectual disability,
| 21 | | mental illness,
| 22 | | multiple sclerosis,
| 23 | | muscular dystrophy,
| 24 | | musculoskeletal disorders,
| 25 | | neurological disorders, including stroke and | 26 | | epilepsy,
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| 1 | | paraplegia,
| 2 | | quadriplegia and other spinal cord conditions,
| 3 | | sickle cell anemia,
| 4 | | ulcerative colitis, | 5 | | specific learning disabilities, or
| 6 | | end stage renal failure disease; and
| 7 | | (b) substantially limits one or more of the | 8 | | person's major life activities.
| 9 | | Another disability or combination of disabilities may | 10 | | also be considered
as a severe disability for the purposes | 11 | | of item (a) of this
subdivision (2.1) if it is determined | 12 | | by an evaluation of
rehabilitation potential to
cause a | 13 | | comparable degree of substantial functional limitation | 14 | | similar to
the specific list of disabilities listed in item | 15 | | (a) of this
subdivision (2.1).
| 16 | | (3) "Minority owned business" means a business concern | 17 | | which is at least
51% owned by one or more minority | 18 | | persons, or in the case of a
corporation, at least 51% of | 19 | | the stock in which is owned by one or
more minority | 20 | | persons; and the management and daily business operations | 21 | | of
which are controlled by one or more of the minority | 22 | | individuals who own it.
| 23 | | (4) "Female owned business" means a business concern | 24 | | which is at least
51% owned by one or more females, or, in | 25 | | the case of a corporation, at
least 51% of the stock in | 26 | | which is owned by one or more females; and the
management |
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| 1 | | and daily business operations of which are controlled by | 2 | | one or
more of the females who own it.
| 3 | | (4.1) "Business owned by a person with a disability" | 4 | | means a business
concern
that is at least 51% owned by one | 5 | | or more persons with a disability
and the management and | 6 | | daily business operations of which
are controlled by one or | 7 | | more of the persons with disabilities who own it. A
| 8 | | not-for-profit agency for persons with disabilities that | 9 | | is exempt from
taxation under Section 501 of the Internal | 10 | | Revenue Code of 1986 is also
considered a "business owned | 11 | | by a person with a disability".
| 12 | | (4.2) "Council" means the Business Enterprise Council | 13 | | for Minorities,
Females, and Persons with Disabilities | 14 | | created under Section 5 of this Act.
| 15 | | (5) "State contracts" shall mean all State contracts, | 16 | | funded exclusively
with State funds which are not subject | 17 | | to federal reimbursement, whether
competitively bid or | 18 | | negotiated as defined by the Secretary of the Council
and | 19 | | approved by the Council.
| 20 | | "State construction contracts" means all State | 21 | | contracts entered
into by a State agency or State | 22 | | university for the repair, remodeling,
renovation or
| 23 | | construction of a building or structure, or for the | 24 | | construction or
maintenance of a highway defined in Article | 25 | | 2 of the Illinois Highway
Code.
| 26 | | (6) "State agencies" shall mean all departments, |
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| 1 | | officers, boards,
commissions, institutions and bodies | 2 | | politic and corporate of the State,
but does not include | 3 | | the Board of Trustees of the University of Illinois,
the | 4 | | Board of Trustees of Southern Illinois University,
the | 5 | | Board 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 of | 10 | | Trustees of Northern Illinois University, the Board of
| 11 | | Trustees of Western Illinois University,
municipalities or | 12 | | other local governmental units, or other State | 13 | | constitutional
officers.
| 14 | | (7) "State universities" shall mean the Board of | 15 | | Trustees of the
University of Illinois, the Board of | 16 | | Trustees of Southern Illinois
University,
the Board of | 17 | | Trustees of Chicago State University, the Board of
Trustees | 18 | | of Eastern Illinois University, the Board of Trustees of | 19 | | Governors
State University, the Board of Trustees of | 20 | | Illinois State University, the Board
of Trustees of | 21 | | Northeastern Illinois University, the Board of Trustees of
| 22 | | Northern Illinois University, and the Board of Trustees of | 23 | | Western Illinois
University.
| 24 | | (8) "Certification" means a determination made by the | 25 | | Council
or by one delegated authority from the Council to | 26 | | make certifications, or by
a State agency with statutory |
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| 1 | | authority to make such a certification, that a
business | 2 | | entity is a business owned by a
minority, female, or person | 3 | | with a disability for whatever
purpose. A business owned | 4 | | and controlled by females shall select and designate | 5 | | whether such business is to be certified as a "Female-owned | 6 | | business" or "Minority-owned business" if the females are | 7 | | also minorities.
| 8 | | (9) "Control" means the exclusive or ultimate and sole | 9 | | control of the
business including, but not limited to, | 10 | | capital investment and all other
financial matters, | 11 | | property, acquisitions, contract negotiations, legal
| 12 | | matters, officer-director-employee selection and | 13 | | comprehensive hiring,
operating responsibilities, | 14 | | cost-control matters, income and dividend
matters, | 15 | | financial transactions and rights of other shareholders or | 16 | | joint
partners. Control shall be real, substantial and | 17 | | continuing, not pro forma.
Control shall include the power | 18 | | to direct or cause the direction of the
management and | 19 | | policies of the business and to make the day-to-day as well
| 20 | | as major decisions in matters of policy, management and | 21 | | operations.
Control shall be exemplified by possessing the | 22 | | requisite knowledge and
expertise to run the particular | 23 | | business and control shall not include
simple majority or | 24 | | absentee ownership.
| 25 | | (10) "Business concern or business" means a business | 26 | | that has annual gross sales of less than $75,000,000 as |
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| 1 | | evidenced by the federal income tax return of the business. | 2 | | A firm with gross sales in excess of this cap may apply to | 3 | | the Council for certification for a particular contract if | 4 | | the firm can demonstrate that the contract would have | 5 | | significant impact on businesses owned by minorities, | 6 | | females, or persons with disabilities as suppliers or | 7 | | subcontractors or in employment of minorities, females, or | 8 | | persons with disabilities.
| 9 | | (B) When a business concern is owned at least 51% by any | 10 | | combination of
minority persons, females, or persons with | 11 | | disabilities,
even though none of the 3 classes alone holds at | 12 | | least a 51% interest, the
ownership
requirement for purposes of | 13 | | this Act is considered to be met. The
certification category | 14 | | for the business is that of the class holding the
largest | 15 | | ownership
interest in the business. If 2 or more classes have | 16 | | equal ownership interests,
the certification category shall be | 17 | | determined by
the business concern.
| 18 | | (Source: P.A. 96-453, eff. 8-14-09; 96-795, eff. 7-1-10 (see | 19 | | Section 5 of P.A. 96-793 for effective date of changes made by | 20 | | P.A. 96-795); 96-1000, eff. 7-2-10; 97-227, eff. 1-1-12; | 21 | | 97-396, eff. 1-1-12; 97-813, eff. 7-13-12.) | 22 | | Section 15. The State Construction Minority and Female | 23 | | Building Trades Act is amended by changing Section 35-5 as | 24 | | follows: |
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| 1 | | (30 ILCS 577/35-5)
| 2 | | Sec. 35-5. Definitions. For the purposes of this Article: | 3 | | "Under-represented minority" means a person who is any of | 4 | | the following: | 5 | | (1) American Indian or Alaska Native (a person having | 6 | | origins in any of the original peoples of North and South | 7 | | America, including Central America, and who maintains | 8 | | tribal affiliation or community attachment). | 9 | | (2) Asian (a person having origins in any of the | 10 | | original peoples of the Far East, Southeast Asia, or the | 11 | | Indian subcontinent, including, but not limited to, | 12 | | Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, | 13 | | the Philippine Islands, Thailand, and Vietnam). | 14 | | (3) Black or African American (a person having origins | 15 | | in any of the black racial groups of Africa). Terms such as | 16 | | "Haitian" or "Negro" can be used in addition to "Black or | 17 | | African American". | 18 | | (4) Hispanic or Latino (a person of Cuban, Mexican, | 19 | | Puerto Rican, South or Central American, or other Spanish | 20 | | culture or origin, regardless of race). | 21 | | (5) Native Hawaiian or Other Pacific Islander (a person | 22 | | having origins in any of the original peoples of Hawaii, | 23 | | Guam, Samoa, or other Pacific Islands). | 24 | | (6) Middle Eastern (a person having origins in any of | 25 | | the original peoples of the Middle East, including, but not | 26 | | limited to, Bahrain, Cyprus, Egypt, Iran, Iraq, Iraqi |
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| 1 | | Kurdistan, Israel, Jordan, Kuwait, Lebanon, Northern | 2 | | Cyprus, Oman, the Palestinian territories, Qatar, Saudi | 3 | | Arabia, Syria, the United Arab Emirates, and Yemen). | 4 | | "Construction" means any constructing, altering, | 5 | | reconstructing, repairing, rehabilitating, refinishing, | 6 | | refurbishing, remodeling, remediating, renovating, custom | 7 | | fabricating, maintenance, landscaping, improving, wrecking, | 8 | | painting, decorating, demolishing, and adding to or | 9 | | subtracting from any building, structure, highway, roadway, | 10 | | street, bridge, alley, sewer, ditch, sewage disposal plant, | 11 | | water works, parking facility, railroad, excavation or other | 12 | | structure, project, development, real property or improvement, | 13 | | or to do any part thereof, whether or not the performance of | 14 | | the work herein described involves the addition to, or | 15 | | fabrication into, any structure, project, development, real | 16 | | property or improvement herein described of any material or | 17 | | article of merchandise. Construction shall also include moving | 18 | | construction related materials on the job site to or from the | 19 | | job site.
| 20 | | (Source: P.A. 96-37, eff. 7-13-09; 97-396, eff. 1-1-12.) | 21 | | Section 20. The Dental Student Grant Act is amended by | 22 | | changing Section 3.07 as follows:
| 23 | | (110 ILCS 925/3.07) (from Ch. 144, par. 1503.07)
| 24 | | Sec. 3.07. "Racial minority" means a person who is any of |
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| 1 | | the following:
| 2 | | (1) American Indian or Alaska Native (a person having | 3 | | origins in any of the original peoples of North and South | 4 | | America, including Central America, and who maintains | 5 | | tribal affiliation or community attachment). | 6 | | (2) Asian (a person having origins in any of the | 7 | | original peoples of the Far East, Southeast Asia, or the | 8 | | Indian subcontinent, including, but not limited to, | 9 | | Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, | 10 | | the Philippine Islands, Thailand, and Vietnam). | 11 | | (3) Black or African American (a person having origins | 12 | | in any of the black racial groups of Africa). Terms such as | 13 | | "Haitian" or "Negro" can be used in addition to "Black or | 14 | | African American". | 15 | | (4) Hispanic or Latino (a person of Cuban, Mexican, | 16 | | Puerto Rican, South or Central American, or other Spanish | 17 | | culture or origin, regardless of race). | 18 | | (5) Native Hawaiian or Other Pacific Islander (a person | 19 | | having origins in any of the original peoples of Hawaii, | 20 | | Guam, Samoa, or other Pacific Islands).
| 21 | | (6) Middle Eastern (a person having origins in any of | 22 | | the original peoples of the Middle East, including, but not | 23 | | limited to, Bahrain, Cyprus, Egypt, Iran, Iraq, Iraqi | 24 | | Kurdistan, Israel, Jordan, Kuwait, Lebanon, Northern | 25 | | Cyprus, Oman, the Palestinian territories, Qatar, Saudi | 26 | | Arabia, Syria, the United Arab Emirates, and Yemen). |
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| 1 | | (Source: P.A. 97-396, eff. 1-1-12.)
| 2 | | Section 25. The Diversifying Higher Education Faculty in | 3 | | Illinois Act is amended by changing Section 2 as follows:
| 4 | | (110 ILCS 930/2) (from Ch. 144, par. 2302)
| 5 | | Sec. 2. Definitions. As used in this Act, unless the | 6 | | context otherwise requires:
| 7 | | "Board" means the Board of Higher Education.
| 8 | | "DFI" means the Diversifying Higher Education Faculty in | 9 | | Illinois Program of financial assistance to minorities who are | 10 | | traditionally
underrepresented as participants in | 11 | | postsecondary education. The program
shall assist them in | 12 | | pursuing a graduate or professional degree and shall also | 13 | | assist program graduates to find employment at an Illinois | 14 | | institution of higher education, including a community | 15 | | college, in a faculty or staff position.
| 16 | | "Program Board" means the entity created to administer the | 17 | | grant program authorized by this Act.
| 18 | | "Qualified institution of higher education" means a | 19 | | qualifying publicly or privately
operated educational | 20 | | institution located within Illinois (i) that
offers | 21 | | instruction leading toward or prerequisite to an academic or
| 22 | | professional degree beyond the baccalaureate degree, excluding | 23 | | theological
schools, and (ii) that is authorized to operate in | 24 | | the State of Illinois.
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| 1 | | "Racial minority" means a person who is a citizen of the | 2 | | United
States or a lawful permanent resident alien of the | 3 | | United States and who is any of the following:
| 4 | | (1) American Indian or Alaska Native (a person having | 5 | | origins in any of the original peoples of North and South | 6 | | America, including Central America, and who maintains | 7 | | tribal affiliation or community attachment). | 8 | | (2) Asian (a person having origins in any of the | 9 | | original peoples of the Far East, Southeast Asia, or the | 10 | | Indian subcontinent, including, but not limited to, | 11 | | Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, | 12 | | the Philippine Islands, Thailand, and Vietnam). | 13 | | (3) Black or African American (a person having origins | 14 | | in any of the black racial groups of Africa). Terms such as | 15 | | "Haitian" or "Negro" can be used in addition to "Black or | 16 | | African American". | 17 | | (4) Hispanic or Latino (a person of Cuban, Mexican, | 18 | | Puerto Rican, South or Central American, or other Spanish | 19 | | culture or origin, regardless of race). | 20 | | (5) Native Hawaiian or Other Pacific Islander (a person | 21 | | having origins in any of the original peoples of Hawaii, | 22 | | Guam, Samoa, or other Pacific Islands).
| 23 | | (6) Middle Eastern (a person having origins in any of | 24 | | the original peoples of the Middle East, including, but not | 25 | | limited to, Bahrain, Cyprus, Egypt, Iran, Iraq, Iraqi | 26 | | Kurdistan, Israel, Jordan, Kuwait, Lebanon, Northern |
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| 1 | | Cyprus, Oman, the Palestinian territories, Qatar, Saudi | 2 | | Arabia, Syria, the United Arab Emirates, and Yemen). | 3 | | (Source: P.A. 97-396, eff. 1-1-12.)
| 4 | | Section 30. The Higher Education Student Assistance Act is | 5 | | amended by changing Section 65.30 as follows:
| 6 | | (110 ILCS 947/65.30)
| 7 | | Sec. 65.30. Equal opportunity scholarships.
| 8 | | (a) The Commission
may annually award a number of | 9 | | scholarships to students who are
interested in pursuing studies | 10 | | in educational administration. Such
scholarships shall be | 11 | | issued to students who make application to the
Commission and | 12 | | who agree to take courses at qualified
institutions of higher | 13 | | learning that will allow them to complete a degree
in | 14 | | educational administration.
| 15 | | (b) Scholarships awarded under this Section shall be issued | 16 | | pursuant to
regulations promulgated by the Commission;
| 17 | | provided that no rule or regulation promulgated by the State | 18 | | Board of
Education prior to the effective date of this | 19 | | amendatory Act of 1993 pursuant
to the exercise of any right, | 20 | | power, duty, responsibility or matter of pending
business | 21 | | transferred from the State Board of Education to the Commission | 22 | | under
this Section shall be affected thereby, and all such | 23 | | rules and regulations
shall become the rules and regulations of | 24 | | the Commission until modified or
changed by the Commission in |
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| 1 | | accordance with law.
| 2 | | (c) Such scholarships shall be utilized for the payment of
| 3 | | tuition and non-revenue bond fees at any qualified institution | 4 | | of higher
learning. Such tuition and fees shall only be | 5 | | available for courses that
will enable the student to complete | 6 | | training in educational
administration. The Commission shall | 7 | | determine which courses
are eligible for tuition payments under | 8 | | this Section.
| 9 | | (d) The Commission may make tuition payments directly to
| 10 | | the qualified institution of higher learning which the student | 11 | | attends for
the courses prescribed or may make payments to the | 12 | | student. Any student
who receives payments and who fails to | 13 | | enroll in the courses prescribed
shall refund the payments to | 14 | | the Commission.
| 15 | | (e) The Commission, with the cooperation of the State Board | 16 | | of Education,
shall assist students who have
participated in | 17 | | the scholarship program established by this Section in
finding | 18 | | employment in positions relating to educational | 19 | | administration.
| 20 | | (f) Appropriations for the scholarships outlined in this | 21 | | Section shall be
made to the Commission from funds appropriated | 22 | | by the General Assembly.
| 23 | | (g) This Section is substantially the same as Section 30-4d | 24 | | of the School
Code,
which Section is repealed by this | 25 | | amendatory Act of 1993, and shall be
construed as a | 26 | | continuation of the equal opportunity scholarship program
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| 1 | | established under that prior law, and not as a new or different | 2 | | equal
opportunity scholarship program. The State Board of | 3 | | Education shall transfer
to the Commission, as the
successor to | 4 | | the State Board of Education for all purposes of administering
| 5 | | and implementing the provisions of this Section, all books, | 6 | | accounts, records,
papers, documents, contracts, agreements, | 7 | | and pending business in any way
relating to the equal | 8 | | opportunity scholarship program continued under this
Section;
| 9 | | and all scholarships at any time awarded under that program
by, | 10 | | and all applications for any such scholarship
at any
time made | 11 | | to, the State Board of Education shall be unaffected by the | 12 | | transfer
to the Commission of all responsibility for the | 13 | | administration and
implementation of the equal opportunity | 14 | | scholarship
program continued under this
Section. The State | 15 | | Board of Education shall furnish to the Commission such
other | 16 | | information as the Commission may request to assist it in | 17 | | administering
this Section.
| 18 | | (h) For purposes of this Section:
| 19 | | (1) "Qualified institution of higher learning" means | 20 | | the University of
Illinois; Southern Illinois University; | 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 | 25 | | community colleges of the State; any
other public | 26 | | universities, colleges and community colleges now or |
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| 1 | | hereafter
established or authorized by the General | 2 | | Assembly; and any Illinois privately
operated, not for | 3 | | profit institution located in this State which provides
at | 4 | | least an organized 2-year program of collegiate grade in | 5 | | liberal arts
or sciences, or both, directly applicable | 6 | | toward the attainment of a
baccalaureate or graduate | 7 | | degree.
| 8 | | (2) "Racial minority" means a person who is any of the | 9 | | following:
| 10 | | (1) American Indian or Alaska Native (a person | 11 | | having origins in any of the original peoples of North | 12 | | and South America, including Central America, and who | 13 | | maintains tribal affiliation or community attachment). | 14 | | (2) Asian (a person having origins in any of the | 15 | | original peoples of the Far East, Southeast Asia, or | 16 | | the Indian subcontinent, including, but not limited | 17 | | to, Cambodia, China, India, Japan, Korea, Malaysia, | 18 | | Pakistan, the Philippine Islands, Thailand, and | 19 | | Vietnam). | 20 | | (3) Black or African American (a person having | 21 | | origins in any of the black racial groups of Africa). | 22 | | Terms such as "Haitian" or "Negro" can be used in | 23 | | addition to "Black or African American". | 24 | | (4) Hispanic or Latino (a person of Cuban, Mexican, | 25 | | Puerto Rican, South or Central American, or other | 26 | | Spanish culture or origin, regardless of race). |
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| 1 | | (5) Native Hawaiian or Other Pacific Islander (a | 2 | | person having origins in any of the original peoples of | 3 | | Hawaii, Guam, Samoa, or other Pacific Islands).
| 4 | | (6) Middle Eastern (a person having origins in any | 5 | | of the original peoples of the Middle East, including, | 6 | | but not limited to, Bahrain, Cyprus, Egypt, Iran, Iraq, | 7 | | Iraqi Kurdistan, Israel, Jordan, Kuwait, Lebanon, | 8 | | Northern Cyprus, Oman, the Palestinian territories, | 9 | | Qatar, Saudi Arabia, Syria, the United Arab Emirates, | 10 | | and Yemen).
| 11 | | (3) "Student" means a woman or racial minority.
| 12 | | (Source: P.A. 97-396, eff. 1-1-12.)
| 13 | | Section 99. Effective date. This Act takes effect upon | 14 | | becoming law.
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