State of Illinois
90th General Assembly
Legislation

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90_HB0190sam001

                                           LRB9001135THpkam02
 1                     AMENDMENT TO HOUSE BILL 190
 2        AMENDMENT NO.     .  Amend House Bill 190 on page 2, line
 3    20, by inserting immediately before the period the following:
 4    "and whose students also are  eligible  to  receive  benefits
 5    under Section 529(a) of the Internal Revenue Code of 1986, as
 6    specified  by  the  federal  Small  Business  Act of 1996 and
 7    subsequent amendments to this federal law"; and
 8    on page 3, by deleting lines 27 and 28 and inserting in  lieu
 9    thereof the following:
10        ""Panel"  means  the advisory panel created under Section
11    20."; and
12    on page 4, by replacing line 1 with "Commission."; and
13    on page 4, line 2, by deleting "Board."; and
14    on page 4, line 13, by replacing  "year  of"  with  "start-up
15    period for"; and
16    on page 4, by deleting lines 18 through 33; and
17    on  page  5,  by deleting lines 1 through 26 and inserting in
18    lieu thereof the following:
19        "Section  20.   Advisory  Panel.   The  Illinois  prepaid
20    tuition program shall be administered by the Illinois Student
                            -2-            LRB9001135THpkam02
 1    Assistance  Commission,  with  advice  and  counsel  from  an
 2    advisory panel appointed by  the  Commission.   The  Illinois
 3    prepaid  tuition  program  shall  be  administratively housed
 4    within the Commission, and the advisory panel shall have such
 5    duties as are specified in this Act.
 6        The advisory panel shall consist of  7  members  who  are
 7    appointed by the Commission, including one recommended by the
 8    State  Treasurer,  one  recommended by the State Comptroller,
 9    one recommended by the Director of the Bureau of the  Budget,
10    and one recommended by the Executive Director of the Board of
11    Higher Education.  Each panel member shall possess knowledge,
12    skill,  and experience in at least one of the following areas
13    of   expertise:   accounting,   actuarial   practice,    risk
14    management,  or  investment  management.  Members shall serve
15    3-year terms except that, in making the initial appointments,
16    the Commission shall appoint 2 members to serve for 2  years,
17    2  members to serve for 3 years, and 3 members to serve for 4
18    years.  Any person appointed to fill a vacancy on  the  panel
19    shall  be appointed in a like manner and shall serve for only
20    the unexpired term.  Advisory panel members shall be eligible
21    for reappointment  and  shall  serve  until  a  successor  is
22    appointed  and  confirmed.  Panel members shall serve without
23    compensation but shall be  reimbursed  for  expenses.  Before
24    being  installed  as  a  member  of  the advisory panel, each
25    nominee shall file verified written  statements  of  economic
26    interest  with  the  Secretary  of  State  as required by the
27    Illinois Governmental Ethics Act and with the Board of Ethics
28    as required by Executive Order of the Governor.
29        The advisory panel shall meet at  least  twice  annually.
30    At  least  once  each  year  the  Commission  Chairman  shall
31    designate  a time and place at which the advisory panel shall
32    meet publicly with the Illinois Student Assistance Commission
33    to discuss issues  and  concerns  relating  to  the  Illinois
34    prepaid tuition program."; and
                            -3-            LRB9001135THpkam02
 1    on  page  6,  line 3, by replacing "Board" with "Commission";
 2    and
 3    on page 7, by replacing lines 5 and 6 with the following:
 4        "Section 30.  Advisory Panel duties and responsibilities.
 5        (a)  Advice and review.  The panel shall offer advice and
 6    counseling regarding"; and
 7    on page 7, by deleting lines 10 through 15 and  inserting  in
 8    lieu thereof the following:
 9    "program.   The  panel  is  required  to  annually review and
10    advise  the  Commission  on  provisions  of   the   strategic
11    investment  plan  for the prepaid tuition program.  The panel
12    is also charged with reviewing and  advising  the  Commission
13    with  regard  to the annual report that describes the current
14    financial condition of the program.  The  panel  at  its  own
15    discretion also may advise the Commission on other aspects of
16    the program."; and
17    on page 7, by deleting lines 16 through 29; and
18    on page 7, by replacing lines 30 and 31 with the following:
19        "(b)  Investment  plan.   The  Commission  annually shall
20    adopt a comprehensive investment plan"; and
21    on page 8, line 14, by inserting "of the  Commission"  before
22    the period; and
23    on page 8, by replacing line 23 with the following:
24        "(c)  Program management.  The Commission"; and
25    on page 8, lines 24 and 27, by replacing "their" each time it
26    appears with "its"; and
27    on page 8, by replacing line 30 with the following:
28    "contained herein shall preclude the Commission"; and
29    on page 8, line 31, by deleting "Board"; and
                            -4-            LRB9001135THpkam02
 1    on  page  8, line 32, by replacing "Board" with "Commission";
 2    and
 3    on page 9, line 1, by replacing "(4)" with "(d)"; and
 4    on page 9, line  2,  by  deleting  ",  for  approval  by  the
 5    Board,"; and
 6    on page 9, line 8, by deleting ", after"; and
 7    on  page  9, line 9, by deleting "receiving Board approval,";
 8    and
 9    on page 9, line 18, by replacing "(5)" with "(e)"; and
10    on page 9, line 20, by replacing "Board"  with  "Commission";
11    and
12    on  page  9,  line  21,  by deleting ", for submission to the
13    Board,"; and
14    on page 9, lines 30 and 33, by replacing "Director" each time
15    it appears with "Director of the Commission"; and
16    on page 10, line 1, by deleting "the Board nor"; and
17    on page 10, line 3, by replacing "(6)" with "(f)"; and
18    on page 10, line 5, by deleting "the Board,"; and
19    on page 10, line 16, by replacing "Board" with  "Commission";
20    and
21    on page 10, line 31, by deleting "the Board,"; and
22    on  page  11,  by  replacing  lines  12  through  16 with the
23    following:
24        "(b)  The Commission from time to time shall  direct  the
25    State  Treasurer  to  invest  moneys  in the Illinois Prepaid
26    Tuition  Trust  Fund  that  are  not  needed  for   immediate
27    disbursement, in accordance with provisions of the investment
                            -5-            LRB9001135THpkam02
 1    plan approved by the Commission."; and
 2    on  page  11, line 17, by replacing "Director" with "Director
 3    of the Commission"; and
 4    on page 11, by replacing line 28 with the following:
 5    "Commission, the Executive Director of  the  Commission,  and
 6    the State"; and
 7    on  page  11,  line 31, by replacing "in" with "in a separate
 8    document submitted concurrent with"; and
 9    on page 12, line 2, by replacing "in"  with  "in  a  separate
10    document submitted concurrent with"; and
11    on page 12, by replacing line 10 with the following:
12        "During   the   first  18  months  of  operation  of  the
13    Illinois"; and
14    on page 12, line  14,  by  inserting  after  the  period  the
15    following:
16    "This  appropriation  constitutes a loan that shall be repaid
17    to the General Revenue Fund within 5 years by the  Commission
18    from prepaid tuition program contributions."; and
19    on page 13, line 6, by deleting "Board and the"; and
20    on   page   13,   line   7,  by  replacing  "determine"  with
21    "determines"; and
22    on page 16, line 14, by replacing "a" with "a grant or"; and
23    on page 18, by deleting lines 21 through 29; and
24    on page 20, line 2, by replacing "contract" with "contract.";
25    and
26    on page 20, by deleting lines 3 and 4; and
27    on  page  20,  line  5,  by  deleting  "the  beneficiary   is
28    enrolled."; and
                            -6-            LRB9001135THpkam02
 1    on  page  20,  line  16,  by  inserting  after the period the
 2    following:
 3    "Institutional  eligibility  for  out-of-state  colleges  and
 4    universities shall be determined by the  Commission,  but  in
 5    making  those  determinations  the Commission shall recognize
 6    that the benefits of an Illinois prepaid tuition contract may
 7    not be used at any postsecondary educational institution that
 8    is  both  operated  for-profit   and   located   outside   of
 9    Illinois."; and
10    on  page  20,  by  replacing  lines  22  through  24 with the
11    following:
12    "purchased under the contract.  The Commission"; and
13    on page 21, line 22, by replacing "enrolled"  with  "enrolled
14    or  to another state or federal agency, for purposes that the
15    Commission deems appropriate, in accordance  with  applicable
16    state and federal law"; and
17    on   page  21,  line  23,  by  replacing  "institution"  with
18    "institution or agency"; and
19    on page 22, line 9, by replacing "Board" with "Commission".

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