Full Text of HB3078 097th General Assembly
HB3078 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB3078 Introduced 2/23/2011, by Rep. David Harris SYNOPSIS AS INTRODUCED: |
| 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 | 105 ILCS 5/30-12.5 | | 105 ILCS 5/30-13 | from Ch. 122, par. 30-13 | 105 ILCS 5/30-14 | from Ch. 122, par. 30-14 |
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Amends the School Code. Makes changes in provisions concerning General Assembly scholarships. Changes references from "scholarship" to "tuition grant". Allows each member of the General Assembly to nominate annually one person (instead of 2 persons) from his or her district to receive a tuition grant for a State university. Provides that General Assembly tuition grants are subject to appropriation (now, General Assembly scholarships exempt the holder from the payment of tuition and fees). Provides that each fiscal year, grant funds may be awarded to recipients only if this State is no more than 60 days late in payments it owes to State universities and those total payments do not exceed $50 million, as certified by the Auditor General. Provides that tuition grant funds shall be paid to State universities on behalf of the recipients. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning education.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The School Code is amended by changing Sections | 5 | | 30-9, 30-10, 30-11, 30-12, 30-12.5, 30-13, and 30-14 as | 6 | | follows:
| 7 | | (105 ILCS 5/30-9) (from Ch. 122, par. 30-9)
| 8 | | Sec. 30-9. General Assembly tuition grant scholarship ; | 9 | | conditions of admission; award by
competitive | 10 | | examination. Each member of the General Assembly may | 11 | | nominate annually one person 2 persons of
school age and | 12 | | otherwise eligible, from his district; each shall
receive a | 13 | | tuition grant for
certificate of scholarship in any State | 14 | | supported
university designated by the member. General | 15 | | Assembly tuition grants are subject to appropriation. Each | 16 | | fiscal year, grant funds may be awarded to recipients only if | 17 | | this State is no more than 60 days late in payments it owes to | 18 | | State-supported universities and those total payments do not | 19 | | exceed $50 million, as certified by the Auditor General. All | 20 | | tuition grant funds distributed in accordance with this Section | 21 | | shall be paid to State-supported universities on behalf of the | 22 | | recipients. Any member of the General Assembly in
making | 23 | | nominations under this Section may designate that his nominee |
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| 1 | | be
granted a 4 year tuition grant scholarship or may instead | 2 | | designate 2 or 4 nominees for
that particular tuition grant | 3 | | scholarship , each to receive a 2 year or a one year tuition | 4 | | grant
scholarship , respectively. The nominee, if a graduate of | 5 | | a school
accredited by the University to which nominated, shall | 6 | | be admitted to the
university on the same conditions as to | 7 | | educational qualifications as are
other graduates of | 8 | | accredited schools. If the nominee is not a graduate of
a | 9 | | school accredited by the university to which nominated, he | 10 | | must, before
being entitled to the benefits of the tuition | 11 | | grant scholarship , pass an examination
given by the | 12 | | superintendent of schools of the county where he resides at
the | 13 | | time stated in Section 30-7 for the competitive examination. | 14 | | The
president of each university shall prescribe the rules | 15 | | governing the
examination for a tuition grant scholarship to | 16 | | his university.
| 17 | | A member of the General Assembly may award the tuition | 18 | | grant scholarship by
competitive examination conducted under | 19 | | like rules as prescribed in Section
30-7 even though one or | 20 | | more of the applicants are graduates of schools
accredited by | 21 | | the university.
| 22 | | A member of the General Assembly may delegate to the | 23 | | Illinois Student
Assistance Commission the authority to | 24 | | nominate persons for General Assembly
tuition grants | 25 | | scholarships which that member would otherwise be entitled to | 26 | | award, or may
direct the Commission to evaluate and make |
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| 1 | | recommendations to the member
concerning candidates for such | 2 | | tuition grants scholarships . In the event a member
delegates | 3 | | his nominating authority or directs the Commission to evaluate
| 4 | | and make recommendations concerning candidates for General | 5 | | Assembly tuition grants
scholarships , the member shall inform | 6 | | the Commission in writing of the
criteria which he wishes the | 7 | | Commission to apply in nominating or
recommending candidates. | 8 | | Those criteria may include some or all of the
criteria provided | 9 | | in Section 25 of the Higher Education Student
Assistance Act. A | 10 | | delegation of authority under this paragraph may be revoked
at | 11 | | any time by the member.
| 12 | | Failure of a member of the General Assembly to make a | 13 | | nomination in any
year shall not cause that tuition grant | 14 | | scholarship to lapse, but the member may make a
nomination for | 15 | | such tuition grant scholarship at any time thereafter before | 16 | | the
expiration of his term, and the person so nominated shall | 17 | | be entitled to
the same benefits as holders of other tuition | 18 | | grants scholarships provided herein. Any
such tuition grant | 19 | | scholarship for which a member has made no nomination prior to | 20 | | the
expiration of the term for which he was elected shall lapse | 21 | | upon the
expiration of that term.
| 22 | | (Source: P.A. 93-349, eff. 7-24-03.)
| 23 | | (105 ILCS 5/30-10) (from Ch. 122, par. 30-10)
| 24 | | Sec. 30-10. Filing nominations-Failure to accept or | 25 | | pass-Second
nomination. Nominations, under Section 30-9, |
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| 1 | | showing the name and address of the
nominee, and the term of | 2 | | the tuition grant scholarship , whether 4 years, 2 years or
one | 3 | | year, must be filed with the State Superintendent of Education | 4 | | not later
than the opening day of the semester or term with | 5 | | which the tuition grant scholarship is to
become effective. The | 6 | | State
Superintendent of Education shall forthwith notify the
| 7 | | president of the university of such nomination.
| 8 | | If the nominee fails to accept the nomination or, not being | 9 | | a
graduate of a school accredited by the university, fails to | 10 | | pass the
examination for admission, the president of the | 11 | | university shall at once
notify the State Superintendent of | 12 | | Education. Upon receiving such notification,
the State | 13 | | Superintendent of Education shall notify the nominating
| 14 | | member, who may name another person for the tuition grant | 15 | | scholarship . The second
nomination must be received by the | 16 | | State Superintendent of Education not
later than the middle of | 17 | | the semester or term with which the tuition grant scholarship
| 18 | | was to have become effective under the original nomination in | 19 | | order to
become effective as of the opening date of such | 20 | | semester or term
otherwise it shall not become effective until | 21 | | the beginning of the next
semester or term following the making | 22 | | of the second nomination. Upon
receiving such notification, the | 23 | | State Superintendent of Education shall
notify the president of | 24 | | the university of such second nomination.
If any person | 25 | | nominated after the effective date of this amendatory Act
of | 26 | | 1973 to receive a General Assembly tuition grant scholarship |
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| 1 | | changes his residence
to a location outside of the district | 2 | | from which he was nominated, his
nominating member may | 3 | | terminate that tuition grant scholarship at the conclusion of
| 4 | | the college year in which he is then enrolled. For purposes of | 5 | | this
paragraph, a person changes his residence if he registers | 6 | | to vote in a
location outside of the district from which he was | 7 | | nominated, but does
not change his residence merely by taking | 8 | | off-campus housing or living
in a nonuniversity residence.
| 9 | | (Source: P.A. 93-349, eff. 7-24-03.)
| 10 | | (105 ILCS 5/30-11) (from Ch. 122, par. 30-11)
| 11 | | Sec. 30-11. Failure to use tuition grant scholarship - | 12 | | Further nominations. If any nominee under Section 30-9 or 30-10 | 13 | | discontinues his course
of instruction or fails to use the | 14 | | tuition grant scholarship , leaving 1, 2, 3, or 4
years thereof | 15 | | unused, the member of the General Assembly may, except as
| 16 | | otherwise provided in this Article, nominate some other person | 17 | | eligible
under this Article from his district who shall be | 18 | | entitled to the tuition grant
scholarship for the unexpired | 19 | | period thereof. Such appointment to an
unexpired scholarship | 20 | | vacated before July 1, 1961, may be made only by
the member of | 21 | | the General Assembly who made the original appointment and
| 22 | | during the time he is such a member. If a tuition grant | 23 | | scholarship is vacated on or
after July 1, 1961, and the member | 24 | | of the General Assembly who made the
original appointment has | 25 | | ceased to be a member, some eligible person may
be nominated in |
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| 1 | | the following manner to fill the vacancy: If the
original | 2 | | appointment was made by a Senator, such nomination shall be
| 3 | | made by the Senator from the same district; if the original | 4 | | appointment
was made by a Representative,
such nomination
shall | 5 | | be made by the Representative
from the same district. Every | 6 | | nomination to fill a vacancy must
be accompanied either by a | 7 | | release of the original nominee or if he is
dead then an | 8 | | affidavit to that effect by some competent person. The
failure | 9 | | of a nominee to register at the university within 20 days after
| 10 | | the opening of any semester or term shall be deemed a release | 11 | | by him of
the nomination, unless he has been granted a leave of | 12 | | absence in
accordance with Section 30-14 or unless his absence | 13 | | is by reason of his
entry into the military service of the | 14 | | United States. The university shall immediately upon the
| 15 | | expiration of 20 days after the beginning of the semester or | 16 | | term notify
the State Board of Education
as to the status of | 17 | | each tuition grant
scholarship , who shall forthwith notify the | 18 | | nominating member of any
nominee's failure to register or, if | 19 | | the nominating member has ceased to
be a member of the General | 20 | | Assembly, shall notify the member or members
entitled to make | 21 | | the nomination to fill the vacancy. All nominations to unused
| 22 | | or unexpired tuition grants scholarships shall be effective as | 23 | | of the opening of the semester
or term of the university during | 24 | | which they are made if they are filed with
the university | 25 | | during the first half of the semester or term, otherwise
they | 26 | | shall not be effective until the opening of the next following
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| 1 | | semester or term.
| 2 | | (Source: P.A. 93-349, eff. 7-24-03.)
| 3 | | (105 ILCS 5/30-12) (from Ch. 122, par. 30-12)
| 4 | | Sec. 30-12. Failure to begin or discontinuance of course | 5 | | because of military service. Any nominee, under Sections 30--9, | 6 | | 30--10, or 30--11, who fails to begin
or discontinues his | 7 | | course of instruction because of his entry into the
military | 8 | | service of the United States, leaving all or a portion of the | 9 | | tuition grant
scholarship unused, may, upon completion of such | 10 | | service, use the
tuition grant scholarship or the unused | 11 | | portion thereof, regardless of whether or not the
member of the | 12 | | General Assembly who nominated him is then a member; provided
| 13 | | that during the nominee's period of military service no other | 14 | | person may be
nominated by such member to all or any portion of | 15 | | such unused or unfinished tuition grant
scholarship unless the | 16 | | nomination is accompanied either by a release of the
original | 17 | | nominee or if he is dead then an affidavit to that effect by | 18 | | some
competent person.
| 19 | | (Source: Laws 1961, p. 31 .)
| 20 | | (105 ILCS 5/30-12.5)
| 21 | | Sec. 30-12.5. Waiver of confidentiality.
| 22 | | (a) As a condition of nomination for a General Assembly | 23 | | tuition grant scholarship under
Section 30-9, 30-10, or 30-11, | 24 | | each nominee shall provide to the member of the
General |
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| 1 | | Assembly making the nomination a waiver document stating that,
| 2 | | notwithstanding
any provision of law to the contrary, if the | 3 | | nominee receives a General
Assembly tuition grant scholarship , | 4 | | then the nominee waives all rights to confidentiality
with | 5 | | respect to the contents of the waiver document. The waiver | 6 | | document shall
state at a minimum the
nominee's name,
domicile | 7 | | address, attending university, degree program in which the
| 8 | | nominee is enrolled, amount of tuition covered waived by the | 9 | | legislative tuition grant
scholarship
and the name of the | 10 | | member of the General
Assembly who is making the nomination.
| 11 | | The waiver document shall also contain a statement by the | 12 | | nominee that, at
the time of the nomination for the legislative | 13 | | tuition grant scholarship , the domicile of the
nominee is | 14 | | within the legislative district of the legislator making the | 15 | | tuition grant
scholarship nomination.
The waiver document must | 16 | | be signed by
the nominee, and the nominee shall have his or her | 17 | | signature on the waiver
document
acknowledged before a notary | 18 | | public. The member of the General Assembly making
the | 19 | | nomination shall file the signed, notarized waiver document, | 20 | | together with
the
nomination itself, with the State | 21 | | Superintendent of Education.
By so filing the waiver document, | 22 | | the member waives all his or her rights to
confidentiality with | 23 | | respect to the contents of the waiver document.
| 24 | | (b) The legislative tuition grant scholarship of any | 25 | | nominee shall be revoked upon a
determination by the State | 26 | | Board of Education after a hearing that the nominee
knowingly |
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| 1 | | provided false or misleading information on the waiver | 2 | | document.
Upon revocation of the legislative tuition grant | 3 | | scholarship , the tuition grant scholarship nominee shall
| 4 | | reimburse this State the university for the full amount of any | 5 | | tuition covered by the tuition grant waived prior to
revocation | 6 | | of the tuition grant scholarship .
| 7 | | (c) The Illinois Student Assistance Commission shall | 8 | | prepare a form waiver
document
to be used as provided in | 9 | | subsection (a) and shall provide copies of the form
upon | 10 | | request.
| 11 | | (Source: P.A. 93-349, eff. 7-24-03.)
| 12 | | (105 ILCS 5/30-13) (from Ch. 122, par. 30-13)
| 13 | | Sec. 30-13.
The tuition grants scholarships issued under | 14 | | Sections 30-9 through 30-12
of this Article may be used at the | 15 | | University of Illinois, Southern Illinois
University, Chicago | 16 | | State University, Eastern Illinois University, Governors
State | 17 | | University, Illinois State University, Northeastern Illinois | 18 | | University,
Northern Illinois University, and Western Illinois | 19 | | University as provided in
those sections. Unless otherwise | 20 | | indicated, these tuition grants
scholarships shall be good for | 21 | | a period of not more than 4 years while enrolled
for residence | 22 | | credit and shall cover exempt the holder from the payment of | 23 | | tuition,
or any matriculation, graduation, activity, term or | 24 | | incidental fee, except
any portion of a multipurpose fee which | 25 | | is used for a purpose for which coverage
exemption is not |
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| 1 | | permitted granted under this Section. Coverage Exemption shall | 2 | | not be permitted for granted
from any other fees, including | 3 | | book rental, service, laboratory, supply,
union building, | 4 | | hospital and medical insurance fees and any fees established
| 5 | | for the operation and maintenance of buildings, the income of | 6 | | which is pledged
to the payment of interest and principal on | 7 | | bonds issued by the governing
board of any university or | 8 | | community college.
| 9 | | Any student who has been or shall be awarded a tuition | 10 | | grant scholarship shall be
reimbursed by the appropriate | 11 | | university or community college for any fees
which he has paid | 12 | | and for which coverage exemption is permitted granted under | 13 | | this Section, if
application for such reimbursement is made | 14 | | within 2 months following the school
term for which the fees | 15 | | were paid.
| 16 | | The holder of a tuition grant scholarship shall be subject | 17 | | to all examinations, rules
and requirements of the university | 18 | | or community college in which he is enrolled
except as herein | 19 | | directed.
| 20 | | This article does not prohibit the Board of Trustees of the | 21 | | University
of Illinois, the Board of Trustees of Southern | 22 | | Illinois University, the
Board of Trustees of Chicago State | 23 | | University, the Board of Trustees of Eastern Illinois | 24 | | University, the Board of Trustees of Governors State | 25 | | University, the Board of Trustees of Illinois State University, | 26 | | the Board of Trustees of Northeastern Illinois University, the |
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| 1 | | Board of Trustees of Northern Illinois University, and the | 2 | | Board of Trustees of Western Illinois University Regents of the | 3 | | Regency Universities System and the Board
of Governors of State | 4 | | Colleges and Universities for the institutions under
their | 5 | | respective jurisdictions from granting other scholarships or | 6 | | grants .
| 7 | | (Source: P.A. 88-228; 89-4, eff. 1-1-96.)
| 8 | | (105 ILCS 5/30-14) (from Ch. 122, par. 30-14)
| 9 | | Sec. 30-14. Leaves of absence to holders of scholarships or | 10 | | tuition grants . Any student enrolled in a university to which | 11 | | he is holding a
scholarship or tuition grant issued under this | 12 | | Article who satisfies the president of the
university or | 13 | | someone designated by him, that he requires leave of absence
| 14 | | for the purpose of earning funds to defray his expenses while | 15 | | in attendance
or on account of illness or military service may | 16 | | be granted such leave and
allowed a period of not to exceed 6 | 17 | | years in which to complete his course
at the university. The | 18 | | university shall notify the regional county superintendent of
| 19 | | the county from which the scholarship or tuition grant was | 20 | | issued of the granting of the
leave. Time spent in the armed | 21 | | forces shall not be part of the 6 years.
| 22 | | (Source: Laws 1961, p. 31.)
| 23 | | Section 99. Effective date. This Act takes effect upon | 24 | | becoming law.
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