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90_HB1150
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
Amends the School Code. Provides that General Assembly
scholarships shall be awarded by the Illinois Student
Assistance Commission rather than by the individual members
of the General Assembly, beginning with scholarships for the
1998-99 academic year. Does not expressly add any new
requirements for qualification, but provides that a member of
the General Assembly may inform the Commission in writing of
additional criteria the member wishes the Commission to
consider in awarding the scholarships to residents of the
member's district. Effective immediately.
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1 AN ACT to amend the School Code by changing Sections
2 30-9, 30-10, 30-11, 30-12, and 30-12.5.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The School Code is amended by changing
6 Sections 30-9, 30-10, 30-11, 30-12, and 30-12.5 as follows:
7 (105 ILCS 5/30-9) (from Ch. 122, par. 30-9)
8 Sec. 30-9. General Assembly scholarship; conditions of
9 admission; award by competitive examination.
10 (a) Until January 1, 1998, for academic years prior to
11 the 1998-99 academic year:
12 Each member of the General Assembly may nominate annually
13 2 persons of school age and otherwise eligible, from his
14 district; one shall receive a certificate of scholarship in
15 the University of Illinois and the other shall receive a
16 certificate of scholarship in any other State supported
17 university designated by the member. Any member of the
18 General Assembly in making nominations under this Section may
19 designate that his nominee be granted a 4 year scholarship or
20 may instead designate 2 or 4 nominees for that particular
21 scholarship, each to receive a 2 year or a one year
22 scholarship, respectively. The nominee, if a graduate of a
23 school accredited by the University to which nominated, shall
24 be admitted to the university on the same conditions as to
25 educational qualifications as are other graduates of
26 accredited schools. If the nominee is not a graduate of a
27 school accredited by the university to which nominated, he
28 must, before being entitled to the benefits of the
29 scholarship, pass an examination given by the superintendent
30 of schools of the county where he resides at the time stated
31 in Section 30-7 for the competitive examination. The
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1 president of each university shall prescribe the rules
2 governing the examination for scholarship to his university.
3 A member of the General Assembly may award the
4 scholarship by competitive examination conducted under like
5 rules as prescribed in Section 30-7 even though one or more
6 of the applicants are graduates of schools accredited by the
7 university.
8 A member of the General Assembly may delegate to the
9 Illinois Student Assistance Commission the authority to
10 nominate persons for General Assembly scholarships which that
11 member would otherwise be entitled to award, or may direct
12 the Commission to evaluate and make recommendations to the
13 member concerning candidates for such scholarships. In the
14 event a member delegates his nominating authority or directs
15 the Commission to evaluate and make recommendations
16 concerning candidates for General Assembly scholarships, the
17 member shall inform the Commission in writing of the criteria
18 which he wishes the Commission to apply in nominating or
19 recommending candidates. Those criteria may include some or
20 all of the criteria provided in Section 25 of the Higher
21 Education Student Assistance Act. A delegation of authority
22 under this paragraph may be revoked at any time by the
23 member.
24 Failure of a member of the General Assembly to make a
25 nomination in any year shall not cause that scholarship to
26 lapse, but the member may make a nomination for such
27 scholarship at any time thereafter before the expiration of
28 his term, and the person so nominated shall be entitled to
29 the same benefits as holders of other scholarships provided
30 herein. Any such scholarship for which a member has made no
31 nomination prior to the expiration of the term for which he
32 was elected shall lapse upon the expiration of that term.
33 (b) Beginning with the 1998-99 academic year, all
34 General Assembly scholarships shall be awarded by the
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1 Illinois Student Assistance Commission. The Commission shall
2 annually award 2 General Assembly scholarships to residents
3 of each Legislative District and 2 General Assembly
4 scholarships to residents of each Representative District.
5 Of the 2 scholarships to be awarded in each district, one
6 shall be for a certificate of scholarship in the University
7 of Illinois and the other shall be for a certificate of
8 scholarship in any other State-supported university
9 designated by the Commission. The Commission, in making
10 nominations under this Section, may designate that the
11 nominee be granted a 4-year scholarship or may instead
12 designate 2 or 4 nominees for that particular scholarship,
13 each to receive a 2-year or a one-year scholarship,
14 respectively. Applications for scholarships to be awarded
15 under this subsection shall be submitted to the Commission on
16 forms that the Commission shall by rule prescribe.
17 Nominees nominated by the Commission shall be subject to
18 the same qualifying criteria as were applicable to nominees
19 nominated by members of the General Assembly under subsection
20 (a) of this Section, provided that a member of the General
21 Assembly may inform the Commission in writing of any
22 additional criteria the member wishes the Commission to
23 consider in awarding scholarships under this Section to
24 residents of the member's district.
25 (Source: P.A. 87-997.)
26 (105 ILCS 5/30-10) (from Ch. 122, par. 30-10)
27 Sec. 30-10. Filing nominations; failure to accept or
28 pass; second nomination.
29 Nominations, under Section 30-9, showing the name and
30 address of the nominee, and the term of the scholarship,
31 whether 4 years, 2 years or one year, must be filed with the
32 State Superintendent of Education if the scholarship is in a
33 university other than the University of Illinois, or with the
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1 president of the University of Illinois if the scholarship is
2 in that such university, not later than the opening day of
3 the semester or term with which the scholarship is to become
4 effective. The State Superintendent of Education shall
5 forthwith notify the president of the university other than
6 the University of Illinois of the such nomination.
7 If the nominee fails to accept the nomination or, not
8 being a graduate of a school accredited by the university,
9 fails to pass the examination for admission, the president of
10 the university shall at once notify the State Superintendent
11 of Education if the university is other than the University
12 of Illinois. Upon receiving such notification, the State
13 Superintendent of Education shall notify the nominating
14 entity, which member, who may name another person for the
15 scholarship. In the case of a scholarship in the University
16 of Illinois, such notification shall be given by the
17 president thereof to the nominating entity member. The
18 second nomination must be received by the State
19 Superintendent of Education or president of the University of
20 Illinois, as the case may be, not later than the middle of
21 the semester or term with which the scholarship was to have
22 become effective under the original nomination in order to
23 become effective as of the opening date of such semester or
24 term; otherwise it shall not become effective until the
25 beginning of the next semester or term following the making
26 of the second nomination. Upon receiving such notification,
27 the State Superintendent of Education shall notify the
28 president of the university of the such second nomination.
29 If any person nominated after the effective date of this
30 amendatory Act of 1973 to receive a General Assembly
31 scholarship changes his residence to a location outside of
32 the district from which he was nominated, his nominating
33 entity member may terminate that scholarship at the
34 conclusion of the college year in which he is then enrolled.
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1 For purposes of this paragraph, a person changes his
2 residence if he registers to vote in a location outside of
3 the district from which he was nominated, but does not change
4 his residence merely by taking off-campus housing or living
5 in a nonuniversity residence.
6 (Source: P.A. 80-278.)
7 (105 ILCS 5/30-11) (from Ch. 122, par. 30-11)
8 Sec. 30-11. Failure to use scholarship; further
9 nominations. If any nominee under Section 30-9 or 30-10
10 discontinues his course of instruction or fails to use the
11 scholarship, leaving 1, 2, 3, or 4 years thereof unused, the
12 nominating entity member of the General Assembly may, except
13 as otherwise provided in this Article, nominate some other
14 person eligible under this Article from his district who
15 shall be entitled to the scholarship for the unexpired period
16 thereof; except that if the nominating entity is a. Such
17 appointment to an unexpired scholarship vacated before July
18 1, 1961, may be made only by the member of the General
19 Assembly who made the original appointment and during the
20 time he is such a member. If a scholarship is vacated on or
21 after July 1, 1961, and the member of the General Assembly
22 who made the original appointment has ceased to be a member,
23 the vacancy shall be filled by the Illinois Student
24 Assistance Commission some eligible person may be nominated
25 in the following manner to fill the vacancy: If the original
26 appointment was made by a Senator, such nomination shall be
27 made by the Senator from the same district; if the original
28 appointment was made by a Representative, such nomination
29 shall be made by the Representative from the same district.
30 Every nomination to fill a vacancy must be accompanied either
31 by a release of the original nominee or if he is dead then an
32 affidavit to that effect by some competent person. The
33 failure of a nominee to register at the university within 20
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1 days after the opening of any semester or term shall be
2 deemed a release by him of the nomination, unless he has been
3 granted a leave of absence in accordance with Section 30-14
4 or unless his absence is by reason of his entry into the
5 military service of the United States. The university, other
6 than the University of Illinois, shall immediately upon the
7 expiration of 20 days after the beginning of the semester or
8 term notify the State Board of Education as to the status of
9 each scholarship, who shall forthwith notify the nominating
10 entity member of any nominee's failure to register or, if the
11 nominating entity was a member of the General Assembly who
12 has ceased to be a member of the General Assembly, shall
13 notify the Illinois Student Assistance Commission member or
14 members entitled to make the nomination to fill the vacancy.
15 In the case of a scholarship in the University of Illinois,
16 the such notification of vacancy shall be made by the
17 president thereof to the nominating entity member or his
18 successor as above provided. All nominations to unused or
19 unexpired scholarships shall be effective as of the opening
20 of the semester or term of the university during which they
21 are made if they are filed with the university during the
22 first half of the semester or term, otherwise they shall not
23 be effective until the opening of the next following semester
24 or term.
25 (Source: P.A. 82-1003.)
26 (105 ILCS 5/30-12) (from Ch. 122, par. 30-12)
27 Sec. 30-12. Failure to begin or discontinuance of course
28 because of military service. Any nominee, under Sections
29 30-9, 30-10, or 30-11, who fails to begin or discontinues his
30 course of instruction because of his entry into the military
31 service of the United States, leaving all or a portion of the
32 scholarship unused, may, upon completion of such service, use
33 the scholarship or the unused portion thereof regardless of
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1 whether or not the member of the General Assembly who
2 nominated him is then a member; provided that during the
3 nominee's period of military service no other person may be
4 nominated by such member to all or any portion of the such
5 unused or unfinished scholarship unless the nomination is
6 accompanied either by a release of the original nominee or,
7 if he is dead, then an affidavit to that effect by some
8 competent person.
9 (Source: Laws 1961, p. 31.)
10 (105 ILCS 5/30-12.5)
11 Sec. 30-12.5. Waiver of confidentiality.
12 (a) As a condition of nomination for a General Assembly
13 scholarship under Section 30-9, 30-10, or 30-11, each nominee
14 shall provide to the entity member of the General Assembly
15 making the nomination a waiver document stating that,
16 notwithstanding any provision of law to the contrary, if the
17 nominee receives a General Assembly scholarship, then the
18 nominee waives all rights to confidentiality with respect to
19 the contents of the waiver document. The waiver document
20 shall state at a minimum the nominee's name, domicile
21 address, attending university, degree program in which the
22 nominee is enrolled, amount of tuition waived by the
23 legislative scholarship and the name of each the member of
24 the General Assembly in whose district the nominee resides at
25 the time the nominee signs the waiver document who is making
26 the nomination. The waiver document shall also contain a
27 statement by the nominee that, at the time of the nomination
28 for the legislative scholarship, the domicile of the nominee
29 is within the legislative district of the legislator making
30 the scholarship nomination. The waiver document must be
31 signed by the nominee, and the nominee shall have his or her
32 signature on the waiver document acknowledged before a notary
33 public. The nominating entity member of the General Assembly
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1 making the nomination shall file the signed, notarized waiver
2 document, together with the nomination itself, with the State
3 Superintendent of Education or the president of the
4 University of Illinois as provided in Section 30-10. By so
5 filing the waiver document, the member waives all his or her
6 rights to confidentiality with respect to the contents of the
7 waiver document.
8 (b) The legislative scholarship of any nominee shall be
9 revoked upon a determination by the State Board of Education
10 after a hearing that the nominee knowingly provided false or
11 misleading information on the waiver document. Upon
12 revocation of the legislative scholarship, the scholarship
13 nominee shall reimburse the university for the full amount of
14 any tuition waived prior to revocation of the scholarship.
15 (c) The Illinois Student Assistance Commission shall
16 prepare a form waiver document to be used as provided in
17 subsection (a) and shall provide copies of the form upon
18 request.
19 (Source: P.A. 89-681, eff. 12-13-96.)
20 Section 99. Effective date. This Act takes effect upon
21 becoming law.