Rep. Jay Hoffman

Filed: 4/16/2018

 

 


 

 


 
10000HB1292ham001LRB100 02980 AXK 38413 a

1
AMENDMENT TO HOUSE BILL 1292

2    AMENDMENT NO. ______. Amend House Bill 1292 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Transportation Cooperation Act of 1971 is
5amended by changing Section 2 as follows:
 
6    (5 ILCS 225/2)  (from Ch. 111 2/3, par. 602)
7    Sec. 2. For the purposes of this Act:
8    (a) "Railroad passenger service" means any railroad
9passenger service within the State of Illinois, including the
10equipment and facilities used in connection therewith, with the
11exception of the basic system operated by the National Railroad
12Passenger Corporation pursuant to Title II and Section 403(a)
13of the Federal Rail Passenger Service Act of 1970.
14    (b) "Federal Railroad Corporation" means the National
15Railroad Passenger Corporation established pursuant to an Act
16of Congress known as the "Rail Passenger Service Act of 1970."

 

 

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1    (c) "Transportation system" means any and all modes of
2public transportation within the State, including, but not
3limited to, transportation of persons or property by rapid
4transit, rail, bus, and aircraft, and all equipment, facilities
5and property, real and personal, used in connection therewith.
6    (d) "Carrier" means any corporation, authority,
7partnership, association, person or district authorized to
8maintain a transportation system within the State with the
9exception of the Federal Railroad Corporation.
10    (e) "Units of local government" means cities, villages,
11incorporated towns, counties, municipalities, townships, and
12special districts, including any district created pursuant to
13the "Local Mass Transit District Act", approved July 21, 1959,
14as amended; any Authority created pursuant to the "Metropolitan
15Transit Authority Act", approved April 12, 1945, as amended;
16and, any authority, commission or other entity which by virtue
17of an interstate compact approved by Congress is authorized to
18provide mass transportation.
19    (f) "Universities" means all public institutions of higher
20education as defined in an "Act creating a Board of Higher
21Education, defining its powers and duties, making an
22appropriation therefor, and repealing an Act herein named",
23approved August 22, 1961, as amended, and all private
24institutions of higher education as defined in the Illinois
25Finance Authority Act.
26    (g) "Department" means the Illinois Department of

 

 

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1Transportation, or such other department designated by law to
2perform the duties and functions of the Illinois Department of
3Transportation prior to January 1, 1972.
4    (h) "Association" means any Transportation Service
5Association created pursuant to Section 4 of this Act.
6    (i) "Contracting Parties" means any units of local
7government or universities which have associated and joined
8together pursuant to Section 3 of this Act.
9    (j) "Governing authorities" means (1) the city council or
10similar legislative body of a city; (2) the board of trustees
11or similar body of a village or incorporated town; (3) the
12council of a municipality under the commission form of
13municipal government; (4) the board of trustees in a township;
14(5) the Board of Trustees of the University of Illinois, the
15Board of Trustees of Southern Illinois University at
16Carbondale, the Board of Trustees of Southern Illinois
17University at Edwardsville, the Board of Trustees of Chicago
18State University, the Board of Trustees of Eastern Illinois
19University, the Board of Trustees of Governors State
20University, the Board of Trustees of Illinois State University,
21the Board of Trustees of Northeastern Illinois University, the
22Board of Trustees of Northern Illinois University, the Board of
23Trustees of Western Illinois University, and the Illinois
24Community College Board; (6) the county board of a county; and
25(7) the trustees, commissioners, board members, or directors of
26a university, special district, authority or similar agency.

 

 

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1(Source: P.A. 93-205, eff. 1-1-04.)
 
2    Section 10. The Official Bond Act is amended by changing
3Section 14.3 as follows:
 
4    (5 ILCS 260/14.3)  (from Ch. 103, par. 14.3)
5    Sec. 14.3. All departments, boards, bureaus, commissions,
6authorities, or other units of State government, except the
7Board of Trustees of Chicago State University, the Board of
8Trustees of Eastern Illinois University, the Board of Trustees
9of Governors State University, the Board of Trustees of
10Illinois State University, the Board of Trustees of
11Northeastern Illinois University, the Board of Trustees of
12Northern Illinois University, the Board of Trustees of Western
13Illinois University, the Board of Trustees of the University of
14Illinois, and the Board of Trustees of Southern Illinois
15University at Carbondale, and the Board of Trustees of Southern
16Illinois University at Edwardsville, that bond officers or
17employees who are not required by law to obtain bonds to
18qualify for office or employment, shall effect such bonding
19through the Department of Central Management Services by
20inclusion in the blanket bond or bonds or self-insurance
21program provided for in Sections 14.1 and 14.2 of this Act.
22(Source: P.A. 89-4, eff. 1-1-96.)
 
23    Section 15. The Voluntary Payroll Deductions Act of 1983 is

 

 

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1amended by changing Sections 4 and 5 as follows:
 
2    (5 ILCS 340/4)  (from Ch. 15, par. 504)
3    Sec. 4. Employee withholding. An employee may authorize
4the withholding of a portion of his or her salary or wages for
5contribution to a maximum number of 4 organizations described
6in paragraphs (b) and (c) of Section 3 of this Act. A
7department, board, body, agency or commission may direct the
8State Comptroller to deduct, and the University of Illinois,
9Southern Illinois University at Carbondale, Southern Illinois
10University at Edwardsville, Chicago State University, Eastern
11Illinois University, Governors State University, Illinois
12State University, Northeastern Illinois University, Northern
13Illinois University, and Western Illinois University may
14deduct, upon written request of a State employee, for each
15regular payroll period, from the salary or wages of the
16employee the amount specified in the written request for
17payment to the organization designated by the employee. The
18moneys so deducted shall be paid over promptly to the
19organizations designated by the employee by means of warrants
20drawn by the State Comptroller, the University of Illinois,
21Southern Illinois University at Carbondale, Southern Illinois
22University at Edwardsville, Chicago State University, Eastern
23Illinois University, Governors State University, Illinois
24State University, Northeastern Illinois University, Northern
25Illinois University, and Western Illinois University, against

 

 

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1the appropriation for personal services of the department,
2board, body, agency or commission by which such employee is
3employed.
4    Such deductions may be made notwithstanding that the
5compensation paid in cash to such employee is thereby reduced
6below the minimum prescribed by law. Payment to such employee
7of compensation less such deduction shall constitute a full and
8complete discharge and acquittance of all claims and demands
9whatsoever for the services rendered by such employee during
10the period covered by such payment.
11    Such request for deduction may be withdrawn at any time by
12filing a written notification of withdrawal with the
13department, board, body, agency or commission, the University
14of Illinois, Southern Illinois University at Carbondale,
15Southern Illinois University at Edwardsville, Chicago State
16University, Eastern Illinois University, Governors State
17University, Illinois State University, Northeastern Illinois
18University, Northern Illinois University, or Western Illinois
19University, by which such employee is employed.
20(Source: P.A. 91-896, eff. 7-6-00.)
 
21    (5 ILCS 340/5)  (from Ch. 15, par. 505)
22    Sec. 5. Rules; Advisory Committee. The State Comptroller
23shall promulgate and issue reasonable rules and regulations as
24deemed necessary for the administration of this Act.
25    However, all solicitations of State employees for

 

 

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1contributions at their workplace and all solicitations of State
2annuitants for contributions shall be in accordance with rules
3promulgated by the Governor or his or her designee or other
4agency as may be designated by the Governor. All solicitations
5of State annuitants for contributions shall also be in
6accordance with the rules promulgated by the applicable
7retirement system.
8    The rules promulgated by the Governor or his or her
9designee or other agency as designated by the Governor shall
10include a Code of Campaign Conduct that all qualified
11organizations and United Funds shall subscribe to in writing,
12sanctions for violations of the Code of Campaign Conduct,
13provision for the handling of cash contributions, provision for
14an Advisory Committee, provisions for the allocation of
15expenses among the participating organizations, an
16organizational plan and structure whereby responsibilities are
17set forth for the appropriate State employees or State
18annuitants and the participating organizations, and any other
19matters that are necessary to accomplish the purposes of this
20Act.
21    The Governor or the Governor's designee shall promulgate
22rules to establish the composition and the duties of the
23Advisory Committee. The Governor or the Governor's designee
24shall make appointments to the Advisory Committee. The powers
25of the Advisory Committee shall include, at a minimum, the
26ability to impose the sanctions authorized by rule. Each State

 

 

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1agency and each retirement system shall file an annual report
2that sets forth, for the prior calendar year, (i) the total
3amount of money contributed to each qualified organization and
4united fund through both payroll deductions and cash
5contributions, (ii) the number of employees or State annuitants
6who have contributed to each qualified organization and united
7fund, and (iii) any other information required by the rules.
8The report shall not include the names of any contributing or
9non-contributing employees or State annuitants. The report
10shall be filed with the Advisory Committee no later than March
1115. The report shall be available for inspection.
12    Other constitutional officers, retirement systems, the
13University of Illinois, Southern Illinois University at
14Carbondale, Southern Illinois University at Edwardsville,
15Chicago State University, Eastern Illinois University,
16Governors State University, Illinois State University,
17Northeastern Illinois University, Northern Illinois
18University, and Western Illinois University shall be governed
19by the rules promulgated pursuant to this Section, unless such
20entities adopt their own rules governing solicitation of
21contributions at the workplace.
22    All rules promulgated pursuant to this Section shall not
23discriminate against one or more qualified organizations or
24United Funds.
25(Source: P.A. 90-799, eff. 6-1-99; 91-896, eff. 7-6-00.)
 

 

 

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1    Section 20. The State Salary and Annuity Withholding Act is
2amended by changing Section 2 as follows:
 
3    (5 ILCS 365/2)  (from Ch. 127, par. 352)
4    Sec. 2. Definitions. As used in this Act, unless the
5context otherwise requires:
6    "Office" means the State Comptroller, the Board of Trustees
7of the State Universities Retirement System, or the Board of
8Trustees of any of the following institutions: the University
9of Illinois, Southern Illinois University at Carbondale,
10Southern Illinois University at Edwardsville, Chicago State
11University, Eastern Illinois University, Governors State
12University, Illinois State University, Northeastern Illinois
13University, Northern Illinois University, and Western Illinois
14University.
15    "Department" means any department, board, commission,
16institution, officer, court, or agency of State government,
17other than the University of Illinois, Southern Illinois
18University at Carbondale, Southern Illinois University at
19Edwardsville, Chicago State University, Eastern Illinois
20University, Governors State University, Illinois State
21University, Northeastern Illinois University, Northern
22Illinois University, and Western Illinois University,
23receiving State appropriations and having the power to certify
24payrolls to the Comptroller authorizing payments of salary or
25wages from appropriations from any State fund or from trust

 

 

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1funds held by the State Treasurer; and the Board of Trustees of
2the General Assembly Retirement System, the Board of Trustees
3of the State Employees' Retirement System of Illinois, the
4Board of Trustees of the Teachers' Retirement System of the
5State of Illinois, and the Board of Trustees of the Judges
6Retirement System of Illinois created respectively by Articles
72, 14, 16, and 18 of the Illinois Pension Code.
8    "Employee" means any regular officer or employee who
9receives salary or wages for personal service rendered to the
10State of Illinois and, for the purpose of deduction for the
11purchase of United States Savings Bonds, includes any State
12contractual employee.
13    "Annuitant" means a person receiving a retirement annuity
14or disability benefits under Article 2, 14, 15, 16, or 18 of
15the Illinois Pension Code.
16    "Annuity" means the retirement annuity or disability
17benefits received by an annuitant.
18(Source: P.A. 89-4, eff. 1-1-96; 90-14, eff. 7-1-97; 90-448,
19eff. 8-16-97.)
 
20    Section 25. The State Employment Records Act is amended by
21changing Section 10 as follows:
 
22    (5 ILCS 410/10)
23    Sec. 10. Definitions. As used in this Act:
24    (a) "Agency work force" means those persons employed by a

 

 

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1State agency who are part of the State work force.
2    (b) "Contractual services employee" means a person
3employed by the State, or a State supported institution of
4higher education, under a written contract and paid by a State
5system CO-2 voucher (or its administrative equivalent) whose
6daily duties and responsibilities are directly or indirectly
7supervised or managed by a person paid by a payroll warrant (or
8its administrative equivalent) funded by State funds or pass
9through funds.
10    (c) "Agency" or "State agency" means those entities
11included in the definition of "State agencies" in the Illinois
12State Auditing Act.
13    (d) "Minority" means a person who is any of the following:
14        (1) American Indian or Alaska Native (a person having
15    origins in any of the original peoples of North and South
16    America, including Central America, and who maintains
17    tribal affiliation or community attachment).
18        (2) Asian (a person having origins in any of the
19    original peoples of the Far East, Southeast Asia, or the
20    Indian subcontinent, including, but not limited to,
21    Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
22    the Philippine Islands, Thailand, and Vietnam).
23        (3) Black or African American (a person having origins
24    in any of the black racial groups of Africa). Terms such as
25    "Haitian" or "Negro" can be used in addition to "Black or
26    African American".

 

 

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1        (4) Hispanic or Latino (a person of Cuban, Mexican,
2    Puerto Rican, South or Central American, or other Spanish
3    culture or origin, regardless of race).
4        (5) Native Hawaiian or Other Pacific Islander (a person
5    having origins in any of the original peoples of Hawaii,
6    Guam, Samoa, or other Pacific Islands).
7    (e) "Professional employee" means a person employed to
8perform employment duties requiring academic training,
9evidenced by a graduate or advanced degree from an accredited
10institution of higher education, and who, in the performance of
11those employment duties, may only engage in active practice of
12the academic training received when licensed or certified by
13the State of Illinois.
14    (f) "State employee" means any person employed within the
15State work force.
16    (g) "State work force" means all persons employed by the
17State of Illinois as evidenced by:
18        (1) the total number of all payroll warrants (or their
19    administrative equivalent) issued by the Comptroller to
20    pay:
21            (i) persons subject to the Personnel Code; and
22            (ii) for the sole purpose of providing accurate
23        statistical information, all persons exempt from the
24        Personnel Code; and
25        (2) the total number of payroll warrants (or their
26    administrative equivalent) funded by State appropriation

 

 

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1    which are issued by educational institutions governed by
2    the Board of Trustees of the University of Illinois, the
3    Board of Trustees of Southern Illinois University at
4    Carbondale, the Board of Trustees of Southern Illinois
5    University at Edwardsville, the Board of Trustees of
6    Chicago State University, the Board of Trustees of Eastern
7    Illinois University, the Board of Trustees of Governors
8    State University, the Board of Trustees of Illinois State
9    University, the Board of Trustees of Northeastern Illinois
10    University, the Board of Trustees of Northern Illinois
11    University, and the Board of Trustees of Western Illinois
12    University the Board of Governors of State Colleges and
13    Universities, and the Board of Regents; and
14        (3) the total number of contractual payroll system CO-2
15    vouchers (or their administrative equivalent) funded by
16    State revenues and issued by:
17            (i) the State Comptroller; and
18            (ii) the issuing agents of the educational
19        institutions listed in subdivision (2) of this
20        subsection (g).
21"State work force" does not, however, include persons holding
22elective State office.
23(Source: P.A. 97-396, eff. 1-1-12.)
 
24    Section 30. The Illinois Governmental Ethics Act is amended
25by changing Section 4A-101 as follows:
 

 

 

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1    (5 ILCS 420/4A-101)  (from Ch. 127, par. 604A-101)
2    Sec. 4A-101. Persons required to file. The following
3persons shall file verified written statements of economic
4interests, as provided in this Article:
5        (a) Members of the General Assembly and candidates for
6    nomination or election to the General Assembly.
7        (b) Persons holding an elected office in the Executive
8    Branch of this State, and candidates for nomination or
9    election to these offices.
10        (c) Members of a Commission or Board created by the
11    Illinois Constitution, and candidates for nomination or
12    election to such Commission or Board.
13        (d) Persons whose appointment to office is subject to
14    confirmation by the Senate and persons appointed by the
15    Governor to any other position on a board or commission
16    described in subsection (a) of Section 15 of the
17    Gubernatorial Boards and Commissions Act.
18        (e) Holders of, and candidates for nomination or
19    election to, the office of judge or associate judge of the
20    Circuit Court and the office of judge of the Appellate or
21    Supreme Court.
22        (f) Persons who are employed by any branch, agency,
23    authority or board of the government of this State,
24    including but not limited to, the Illinois State Toll
25    Highway Authority, the Illinois Housing Development

 

 

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1    Authority, the Illinois Community College Board, and
2    institutions under the jurisdiction of the Board of
3    Trustees of the University of Illinois, Board of Trustees
4    of Southern Illinois University at Carbondale, Board of
5    Trustees of Southern Illinois University at Edwardsville,
6    Board of Trustees of Chicago State University, Board of
7    Trustees of Eastern Illinois University, Board of Trustees
8    of Governor's State University, Board of Trustees of
9    Illinois State University, Board of Trustees of
10    Northeastern Illinois University, Board of Trustees of
11    Northern Illinois University, Board of Trustees of Western
12    Illinois University, or Board of Trustees of the Illinois
13    Mathematics and Science Academy, and are compensated for
14    services as employees and not as independent contractors
15    and who:
16            (1) are, or function as, the head of a department,
17        commission, board, division, bureau, authority or
18        other administrative unit within the government of
19        this State, or who exercise similar authority within
20        the government of this State;
21            (2) have direct supervisory authority over, or
22        direct responsibility for the formulation,
23        negotiation, issuance or execution of contracts
24        entered into by the State in the amount of $5,000 or
25        more;
26            (3) have authority for the issuance or

 

 

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1        promulgation of rules and regulations within areas
2        under the authority of the State;
3            (4) have authority for the approval of
4        professional licenses;
5            (5) have responsibility with respect to the
6        financial inspection of regulated nongovernmental
7        entities;
8            (6) adjudicate, arbitrate, or decide any judicial
9        or administrative proceeding, or review the
10        adjudication, arbitration or decision of any judicial
11        or administrative proceeding within the authority of
12        the State;
13            (7) have supervisory responsibility for 20 or more
14        employees of the State;
15            (8) negotiate, assign, authorize, or grant naming
16        rights or sponsorship rights regarding any property or
17        asset of the State, whether real, personal, tangible,
18        or intangible; or
19            (9) have responsibility with respect to the
20        procurement of goods or services.
21        (g) Persons who are elected to office in a unit of
22    local government, and candidates for nomination or
23    election to that office, including regional
24    superintendents of school districts.
25        (h) Persons appointed to the governing board of a unit
26    of local government, or of a special district, and persons

 

 

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1    appointed to a zoning board, or zoning board of appeals, or
2    to a regional, county, or municipal plan commission, or to
3    a board of review of any county, and persons appointed to
4    the Board of the Metropolitan Pier and Exposition Authority
5    and any Trustee appointed under Section 22 of the
6    Metropolitan Pier and Exposition Authority Act, and
7    persons appointed to a board or commission of a unit of
8    local government who have authority to authorize the
9    expenditure of public funds. This subsection does not apply
10    to members of boards or commissions who function in an
11    advisory capacity.
12        (i) Persons who are employed by a unit of local
13    government and are compensated for services as employees
14    and not as independent contractors and who:
15            (1) are, or function as, the head of a department,
16        division, bureau, authority or other administrative
17        unit within the unit of local government, or who
18        exercise similar authority within the unit of local
19        government;
20            (2) have direct supervisory authority over, or
21        direct responsibility for the formulation,
22        negotiation, issuance or execution of contracts
23        entered into by the unit of local government in the
24        amount of $1,000 or greater;
25            (3) have authority to approve licenses and permits
26        by the unit of local government; this item does not

 

 

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1        include employees who function in a ministerial
2        capacity;
3            (4) adjudicate, arbitrate, or decide any judicial
4        or administrative proceeding, or review the
5        adjudication, arbitration or decision of any judicial
6        or administrative proceeding within the authority of
7        the unit of local government;
8            (5) have authority to issue or promulgate rules and
9        regulations within areas under the authority of the
10        unit of local government; or
11            (6) have supervisory responsibility for 20 or more
12        employees of the unit of local government.
13        (j) Persons on the Board of Trustees of the Illinois
14    Mathematics and Science Academy.
15        (k) Persons employed by a school district in positions
16    that require that person to hold an administrative or a
17    chief school business official endorsement.
18        (l) Special government agents. A "special government
19    agent" is a person who is directed, retained, designated,
20    appointed, or employed, with or without compensation, by or
21    on behalf of a statewide executive branch constitutional
22    officer to make an ex parte communication under Section
23    5-50 of the State Officials and Employees Ethics Act or
24    Section 5-165 of the Illinois Administrative Procedure
25    Act.
26        (m) Members of the board of commissioners of any flood

 

 

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1    prevention district created under the Flood Prevention
2    District Act or the Beardstown Regional Flood Prevention
3    District Act.
4        (n) Members of the board of any retirement system or
5    investment board established under the Illinois Pension
6    Code, if not required to file under any other provision of
7    this Section.
8        (o) Members of the board of any pension fund
9    established under the Illinois Pension Code, if not
10    required to file under any other provision of this Section.
11        (p) Members of the investment advisory panel created
12    under Section 20 of the Illinois Prepaid Tuition Act.
13    This Section shall not be construed to prevent any unit of
14local government from enacting financial disclosure
15requirements that mandate more information than required by
16this Act.
17(Source: P.A. 96-6, eff. 4-3-09; 96-543, eff. 8-17-09; 96-555,
18eff. 8-18-09; 96-1000, eff. 7-2-10; 97-309, eff. 8-11-11;
1997-754, eff. 7-6-12.)
 
20    Section 35. The State Comptroller Act is amended by
21changing Sections 13, 13.1, and 21 as follows:
 
22    (15 ILCS 405/13)  (from Ch. 15, par. 213)
23    Sec. 13. Payment of salaries of State employees - Schedule.
24The comptroller shall prepare a schedule showing the dates on

 

 

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1which all employees of the State shall be paid. All employees
2shall be paid at least semi-monthly, except that employees of
3the University of Illinois, Chicago State University, Eastern
4Illinois University, Governors State University, Illinois
5State University, Northeastern Illinois University, Northern
6Illinois University, Western Illinois University, and Southern
7Illinois University at Carbondale, and Southern Illinois
8University at Edwardsville who are not subject to the State
9Universities Civil Service System shall be paid at least once
10each month. No payment shall be made before the completion of
11the period for which the compensation is being paid, except
12that employees leaving the service of the State may be paid at
13the termination of their period of employment.
14    Such schedule shall be prepared showing such dates of
15payment so as to provide as far as is practical, an even flow
16of work for issuance of warrants in payment of personal
17services.
18    In making payments for a fractional part of a pay period,
19that part of the regular compensation for the period shall be
20paid represented by a fraction, the numerator being the number
21of days worked and the denominator being the number of work
22days in the period. However, in making payments for a
23fractional part of a pay period for positions subject to the
24jurisdiction of the Department of Central Management Services,
25that part of the regular compensation shall be paid by
26deducting an amount determined by multiplying the number of

 

 

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1work days without pay by the applicable daily rate as defined
2within the Department of Central Management Services Pay Plan.
3    In employments of a teaching or professional nature in
4connection with the educational, charitable, penal or
5reformatory institutions, where the compensation of an
6employee is based upon an annual salary, a teaching or
7professional year may be substituted for a calendar year in
8determining the pay schedule.
9(Source: P.A. 89-4, eff. 1-1-96.)
 
10    (15 ILCS 405/13.1)  (from Ch. 15, par. 213.1)
11    Sec. 13.1. Compliance with State Employment Records Act.
12The Comptroller, for the purpose of facilitating an accurate
13compilation of the entire State work force as defined and
14required by the State Employment Records Act, shall report, on
15a fiscal year basis, the total number of payroll warrants drawn
16for the payment of salaries for State employees, including
17contractual payroll system CO-2 vouchers (or their
18administrative equivalent) or any other information necessary
19to comply with that Act. The State Employment Records (SER)
20report shall be maintained and kept on file as public
21information within the Office of the Comptroller.
22    The total number of payroll warrants drawn by the Board of
23Trustees of the University of Illinois, the Board of Trustees
24of Southern Illinois University at Carbondale, the Board of
25Trustees of Southern Illinois University at Edwardsville, the

 

 

10000HB1292ham001- 22 -LRB100 02980 AXK 38413 a

1Board of Trustees of Chicago State University, the Board of
2Trustees of Eastern Illinois University, the Board of Trustees
3of Governors State University, the Board of Trustees of
4Illinois State University, the Board of Trustees of
5Northeastern Illinois University, the Board of Trustees of
6Northern Illinois University, the Board of Trustees of Western
7Illinois University, the Board of Governors of State Colleges
8and Universities, the Board of Regents and all educational
9institutions governed by those boards to be paid from funds
10retained in their own treasuries shall be filed with the Office
11of the Secretary of State by the respective boards and
12educational institutions in the same manner.
13    Multiple payroll warrants issued to the same person shall
14be noted with multiple warrants counted and reported as one
15payroll warrant count for the purposes of the State Employment
16Records Act. The total State remuneration to persons paid by
17multiple payroll warrants or, if applicable, contractual
18payroll system CO-2 vouchers, or both, shall be reported
19separately by agency.
20(Source: P.A. 87-1211.)
 
21    (15 ILCS 405/21)  (from Ch. 15, par. 221)
22    Sec. 21. Rules and Regulations - Imprest accounts. The
23Comptroller shall promulgate rules and regulations to
24implement the exercise of his or her powers and performance of
25his or her duties under this Act and to guide and assist State

 

 

10000HB1292ham001- 23 -LRB100 02980 AXK 38413 a

1agencies in complying with this Act. Any rule or regulation
2specifically requiring the approval of the State Treasurer
3under this Act for adoption by the Comptroller shall require
4the approval of the State Treasurer for modification or repeal.
5    The Comptroller may provide in his or her rules and
6regulations for periodic transfers, with the approval of the
7State Treasurer, for use in accordance with the imprest system,
8subject to the rules and regulations of the Comptroller as
9respects vouchers, controls and reports, as follows:
10        (a) To the University of Illinois, Southern Illinois
11    University at Carbondale, Southern Illinois University at
12    Edwardsville, Chicago State University, Eastern Illinois
13    University, Governors State University, Illinois State
14    University, Northeastern Illinois University, Northern
15    Illinois University, Western Illinois University, and
16    State Community College of East St. Louis under the
17    jurisdiction of the Illinois Community College Board
18    (abolished under Section 2-12.1 of the Public Community
19    College Act), not to exceed $200,000 for each campus.
20        (b) To the Department of Agriculture and the Department
21    of Commerce and Economic Opportunity for the operation and
22    closing of overseas offices, not to exceed $500,000 for
23    each Department for each overseas office.
24        (c) To the Department of Agriculture for the purpose of
25    making change for activities at each State Fair, not to
26    exceed $200,000, to be returned within 5 days of the

 

 

10000HB1292ham001- 24 -LRB100 02980 AXK 38413 a

1    termination of such activity.
2        (d) To the Department of Agriculture to pay (i) State
3    Fair premiums and awards and State Fair entertainment
4    contracts at each State Fair, and (ii) ticket refunds for
5    cancelled events. The amount transferred from any fund
6    shall not exceed the appropriation for each specific
7    purpose. This authorization shall terminate each year
8    within 60 days of the close of each State Fair. The
9    Department shall be responsible for withholding State
10    income tax, where necessary, as required by Section 709 of
11    the Illinois Income Tax Act.
12        (e) To the State Treasurer to pay for securities'
13    safekeeping charges assessed by the Board of Governors of
14    the Federal Reserve System as a consequence of the
15    Treasurer's use of the government securities' book-entry
16    system. This account shall not exceed $25,000.
17        (f) To the Illinois Mathematics and Science Academy,
18    not to exceed $100,000.
19        (g) To the Department of Natural Resources to pay out
20    cash prizes associated with competitions held at the World
21    Shooting and Recreational Complex, to purchase awards
22    associated with competitions held at the World Shooting and
23    Recreational Complex, to pay State and national membership
24    dues associated with competitions held at the World
25    Shooting and Recreational Complex, and to pay State and
26    national membership target fees associated with

 

 

10000HB1292ham001- 25 -LRB100 02980 AXK 38413 a

1    competitions held at the World Shooting and Recreational
2    Complex. The amount of funds advanced to the account
3    created by this subsection (g) must not exceed $250,000 in
4    any fiscal year.
5(Source: P.A. 96-785, eff. 8-28-09; 96-1118, eff. 7-20-10;
697-72, eff. 7-1-11; 97-333, eff. 8-12-11.)
 
7    Section 40. The Civil Administrative Code of Illinois is
8amended by changing Section 5-525 as follows:
 
9    (20 ILCS 5/5-525)  (was 20 ILCS 5/6.01)
10    Sec. 5-525. In the Department of Agriculture.
11    (a) (Blank).
12    (b) An Advisory Board of Livestock Commissioners to consist
13of 25 persons. The Board shall consist of the administrator of
14animal disease programs, the Dean of the College of
15Agricultural, Consumer, and Environmental Sciences of the
16University of Illinois, the Dean of the College of Veterinary
17Medicine of the University of Illinois, and, commencing on
18January 1, 1990, the Deans or Chairmen of the Colleges or
19Departments of Agriculture of Illinois State University,
20Southern Illinois University at Carbondale, and Western
21Illinois University in that order who shall each serve for 1
22year terms, provided that, commencing on January 1, 1993, such
23terms shall be for 2 years in the same order, the Director of
24Public Health, the Director of Natural Resources, the

 

 

10000HB1292ham001- 26 -LRB100 02980 AXK 38413 a

1Chairperson of the Agriculture and Conservation Committee of
2the Senate, and the Chairperson of the Agriculture &
3Conservation Committee of the House of Representatives, who
4shall be ex-officio members of the Board, and 17 additional
5persons, appointed by the Governor to serve at the Governor's
6pleasure, who are interested in the well-being of domestic
7animals and poultry and in the prevention, elimination, and
8control of diseases affecting them. Of the 17 additional
9persons, one shall be a representative of breeders of beef
10cattle, one shall be a representative of breeders of dairy
11cattle, one shall be a representative of breeders of dual
12purpose cattle, one shall be a representative of breeders of
13swine, one shall be a representative of poultry breeders, one
14shall be a representative of sheep breeders, one shall be a
15veterinarian licensed in this State, one shall be a
16representative of general or diversified farming, one shall be
17a representative of deer or elk breeders, one shall be a
18representative of livestock auction markets, one shall be a
19representative of cattle feeders, one shall be a representative
20of pork producers, one shall be a representative of the State
21licensed meat packers, one shall be a representative of canine
22breeders, one shall be a representative of equine breeders, one
23shall be a representative of the Illinois licensed renderers,
24and one shall be a representative of livestock dealers. An
25appointed member's office becomes vacant upon the member's
26absence from 3 consecutive meetings. Appointments made by the

 

 

10000HB1292ham001- 27 -LRB100 02980 AXK 38413 a

1Governor after the effective date of this amendatory Act of the
296th General Assembly shall be for a term of 5 years. The
3members of the Board shall receive no compensation but shall be
4reimbursed for expenses necessarily incurred in the
5performance of their duties. In the appointment of the Advisory
6Board of Livestock Commissioners, the Governor shall consult
7with representative persons and recognized organizations in
8the respective fields concerning the appointments.
9    Rules and regulations of the Department of Agriculture
10pertaining to the well-being of domestic animals and poultry
11and the prevention, elimination, and control of diseases
12affecting them shall be submitted to the Advisory Board of
13Livestock Commissioners for approval at its duly called
14meeting. The chairperson of the Board shall certify the
15official minutes of the Board's action and shall file the
16certified minutes with the Department of Agriculture within 30
17days after the proposed rules and regulations are submitted and
18before they are promulgated and made effective. In the event it
19is deemed desirable, the Board may hold hearings upon the rules
20and regulations or proposed revisions. The Board members shall
21be familiar with the Acts relating to the well-being of
22domestic animals and poultry and to the prevention,
23elimination, and control of diseases affecting them. The
24Department shall, upon the request of a Board member, advise
25the Board concerning the administration of the respective Acts.
26    The Director of Agriculture or his or her representative

 

 

10000HB1292ham001- 28 -LRB100 02980 AXK 38413 a

1from the Department shall act as chairperson of the Board. The
2Director shall call semiannual meetings of the Board and may
3call other meetings of the Board from time to time or when
4requested by 3 or more appointed members of the Board. A quorum
5of appointed members must be present to convene an official
6meeting. The chairperson and ex-officio members shall not be
7included in a quorum call. Ex-officio members may be
8represented by a duly authorized representative from their
9department, division, college, or committee; however, that
10representative may not exercise the voting privileges of the
11ex-officio member. Appointed members shall not be represented
12at a meeting by another person. Ex-officio members and
13appointed members shall have the right to vote on all proposed
14rules and regulations; voting that in effect would pertain to
15approving rules and regulations shall be taken by an oral roll
16call. No member shall vote by proxy. The chairman shall not
17vote except in the case of a tie vote. Any ex-officio or
18appointed member may ask for and shall receive an oral roll
19call on any motion before the Board. The Department shall
20provide a clerk to take minutes of the meetings and record
21transactions of the Board. The Board, by oral roll call, may
22require an official court reporter to record the minutes of the
23meetings.
24(Source: P.A. 96-1025, eff. 7-12-10.)
 
25    Section 45. The Personnel Code is amended by changing

 

 

10000HB1292ham001- 29 -LRB100 02980 AXK 38413 a

1Section 4c as follows:
 
2    (20 ILCS 415/4c)  (from Ch. 127, par. 63b104c)
3    Sec. 4c. General exemptions. The following positions in
4State service shall be exempt from jurisdictions A, B, and C,
5unless the jurisdictions shall be extended as provided in this
6Act:
7        (1) All officers elected by the people.
8        (2) All positions under the Lieutenant Governor,
9    Secretary of State, State Treasurer, State Comptroller,
10    State Board of Education, Clerk of the Supreme Court,
11    Attorney General, and State Board of Elections.
12        (3) Judges, and officers and employees of the courts,
13    and notaries public.
14        (4) All officers and employees of the Illinois General
15    Assembly, all employees of legislative commissions, all
16    officers and employees of the Illinois Legislative
17    Reference Bureau, the Legislative Research Unit, and the
18    Legislative Printing Unit.
19        (5) All positions in the Illinois National Guard and
20    Illinois State Guard, paid from federal funds or positions
21    in the State Military Service filled by enlistment and paid
22    from State funds.
23        (6) All employees of the Governor at the executive
24    mansion and on his immediate personal staff.
25        (7) Directors of Departments, the Adjutant General,

 

 

10000HB1292ham001- 30 -LRB100 02980 AXK 38413 a

1    the Assistant Adjutant General, the Director of the
2    Illinois Emergency Management Agency, members of boards
3    and commissions, and all other positions appointed by the
4    Governor by and with the consent of the Senate.
5        (8) The presidents, other principal administrative
6    officers, and teaching, research and extension faculties
7    of Chicago State University, Eastern Illinois University,
8    Governors State University, Illinois State University,
9    Northeastern Illinois University, Northern Illinois
10    University, Western Illinois University, the Illinois
11    Community College Board, Southern Illinois University at
12    Carbondale, Southern Illinois University at Edwardsville,
13    the Illinois Board of Higher Education, the University of
14    Illinois, the State Universities Civil Service System,
15    University Retirement System of Illinois, and the
16    administrative officers and scientific and technical staff
17    of the Illinois State Museum.
18        (9) All other employees, except the presidents, other
19    principal administrative officers, and teaching, research
20    and extension faculties of the universities under the
21    jurisdiction of the Board of Regents and the colleges and
22    universities under the jurisdiction of the Board of
23    Governors of State Colleges and Universities, Illinois
24    Community College Board, Southern Illinois University at
25    Carbondale, Southern Illinois University at Edwardsville,
26    the Illinois Board of Higher Education, Chicago State

 

 

10000HB1292ham001- 31 -LRB100 02980 AXK 38413 a

1    University, Eastern Illinois University, Governors State
2    University, Illinois State University, Northeastern
3    Illinois University, Northern Illinois University, Western
4    Illinois University Board of Governors of State Colleges
5    and Universities, the Board of Regents, the University of
6    Illinois, the State Universities Civil Service System, and
7    the University Retirement System of Illinois, so long as
8    these are subject to the provisions of the State
9    Universities Civil Service Act.
10        (10) The State Police so long as they are subject to
11    the merit provisions of the State Police Act.
12        (11) (Blank).
13        (12) The technical and engineering staffs of the
14    Department of Transportation, the Department of Nuclear
15    Safety, the Pollution Control Board, and the Illinois
16    Commerce Commission, and the technical and engineering
17    staff providing architectural and engineering services in
18    the Department of Central Management Services.
19        (13) All employees of the Illinois State Toll Highway
20    Authority.
21        (14) The Secretary of the Illinois Workers'
22    Compensation Commission.
23        (15) All persons who are appointed or employed by the
24    Director of Insurance under authority of Section 202 of the
25    Illinois Insurance Code to assist the Director of Insurance
26    in discharging his responsibilities relating to the

 

 

10000HB1292ham001- 32 -LRB100 02980 AXK 38413 a

1    rehabilitation, liquidation, conservation, and dissolution
2    of companies that are subject to the jurisdiction of the
3    Illinois Insurance Code.
4        (16) All employees of the St. Louis Metropolitan Area
5    Airport Authority.
6        (17) All investment officers employed by the Illinois
7    State Board of Investment.
8        (18) Employees of the Illinois Young Adult
9    Conservation Corps program, administered by the Illinois
10    Department of Natural Resources, authorized grantee under
11    Title VIII of the Comprehensive Employment and Training Act
12    of 1973, 29 USC 993.
13        (19) Seasonal employees of the Department of
14    Agriculture for the operation of the Illinois State Fair
15    and the DuQuoin State Fair, no one person receiving more
16    than 29 days of such employment in any calendar year.
17        (20) All "temporary" employees hired under the
18    Department of Natural Resources' Illinois Conservation
19    Service, a youth employment program that hires young people
20    to work in State parks for a period of one year or less.
21        (21) All hearing officers of the Human Rights
22    Commission.
23        (22) All employees of the Illinois Mathematics and
24    Science Academy.
25        (23) All employees of the Kankakee River Valley Area
26    Airport Authority.

 

 

10000HB1292ham001- 33 -LRB100 02980 AXK 38413 a

1        (24) The commissioners and employees of the Executive
2    Ethics Commission.
3        (25) The Executive Inspectors General, including
4    special Executive Inspectors General, and employees of
5    each Office of an Executive Inspector General.
6        (26) The commissioners and employees of the
7    Legislative Ethics Commission.
8        (27) The Legislative Inspector General, including
9    special Legislative Inspectors General, and employees of
10    the Office of the Legislative Inspector General.
11        (28) The Auditor General's Inspector General and
12    employees of the Office of the Auditor General's Inspector
13    General.
14        (29) All employees of the Illinois Power Agency.
15        (30) Employees having demonstrable, defined advanced
16    skills in accounting, financial reporting, or technical
17    expertise who are employed within executive branch
18    agencies and whose duties are directly related to the
19    submission to the Office of the Comptroller of financial
20    information for the publication of the Comprehensive
21    Annual Financial Report (CAFR).
22        (31) All employees of the Illinois Sentencing Policy
23    Advisory Council.
24(Source: P.A. 97-618, eff. 10-26-11; 97-1055, eff. 8-23-12;
2598-65, eff. 7-15-13.)
 

 

 

10000HB1292ham001- 34 -LRB100 02980 AXK 38413 a

1    Section 50. The Forms Notice Act is amended by changing
2Section 4 as follows:
 
3    (20 ILCS 435/4)  (from Ch. 127, par. 1404)
4    Sec. 4. Definition; State agency.
5    As used in this Act the term "state agency" means and
6includes all boards, commissions, agencies, institutions,
7authorities, bodies politic and corporate of the State created
8by or pursuant to the constitution or statute, of the executive
9branch of State government; However, such term does not include
10colleges, universities and institutions under the jurisdiction
11of the Board of Trustees of the University of Illinois, the
12Board of Trustees of Southern Illinois University at
13Carbondale, the Board of Trustees of Southern Illinois
14University at Edwardsville, the Board of Trustees of Chicago
15State University, the Board of Trustees of Eastern Illinois
16University, the Board of Trustees of Governors State
17University, the Board of Trustees of Illinois State University,
18the Board of Trustees of Northeastern Illinois University, the
19Board of Trustees of Northern Illinois University, the Board of
20Trustees of Western Illinois University, the Board of Higher
21Education, or the Illinois Community College Board.
22(Source: P.A. 89-4, eff. 1-1-96; 90-156, eff. 7-23-97; 90-372,
23eff. 7-1-98.)
 
24    Section 55. The Department of Commerce and Community

 

 

10000HB1292ham001- 35 -LRB100 02980 AXK 38413 a

1Affairs Law of the Civil Administrative Code of Illinois is
2amended by changing Section 605-355 as follows:
 
3    (20 ILCS 605/605-355)  (was 20 ILCS 605/46.19a in part)
4    Sec. 605-355. Grants for research and development in high
5technology and service sectors.
6    (a) The Department is authorized to establish a program of
7grants to universities, community colleges, research
8institutions, research consortiums, other not-for-profit
9entities, and Illinois businesses for the purpose of fostering
10research and development in the high technology and the service
11sector leading to the development of new products and services
12that can be marketed by Illinois businesses. All grant awards
13shall include a contract that may provide for payment of
14negotiated royalties to the Department if the product or
15service to be developed by the grantee is subsequently licensed
16for production.
17    (b) Grants may be awarded to universities and research
18institutions to assist them in making their faculties and
19facilities available to Illinois businesses. The grants may be
20used by a university or research institution for purposes
21including but not limited to the following: (i) to establish or
22enhance computerized cataloging of all research labs and
23university staff and make those catalogues available to
24Illinois businesses; (ii) to market products developed by the
25university to Illinois businesses; (iii) to review

 

 

10000HB1292ham001- 36 -LRB100 02980 AXK 38413 a

1publications in order to identify, catalog, and inform Illinois
2businesses of new practices in areas such as robotics and
3biotechnology; (iv) to build an on-line, information and
4technology system that relies on other computerized networks in
5the United States; and (v) to assist in securing temporary
6replacement for faculty who are granted a leave of absence from
7their teaching duties for the purpose of working full-time for
8an Illinois business to assist that business with technology
9transfer.
10    (c) Grants may be awarded to universities and research
11institutions, research consortiums, and other not-for-profit
12entities for the purpose of identifying and supporting Illinois
13businesses engaged in high technology and service sector
14enterprises. The Illinois businesses identified and funded
15shall include recipients of Small Business Innovation Research
16Program funds under subsections (e) through (k) of Section 9 of
17the Small Business Act (15 U.S.C. 638, subsections (e) through
18(k)). Entities receiving grants under this subsection (c) shall
19be known as commercialization centers and shall engage in one
20or more of the following activities:
21        (1) Directing research assistance for new venture
22    creations.
23        (2) General feasibility studies of new venture ideas.
24        (3) Furthering the technical and intellectual skills
25    of the managers and owners of Illinois small businesses.
26        (4) Commercialization of technology and research.

 

 

10000HB1292ham001- 37 -LRB100 02980 AXK 38413 a

1        (5) Development of prototypes and testing new
2    products.
3        (6) Identifying and assisting in securing financing.
4        (7) Marketing assistance.
5        (8) Assisting Illinois inventors in finding Illinois
6    manufacturers to produce and market their inventions.
7    A commercialization center may charge a nominal fee or
8accept royalty agreements for conducting feasibility studies
9and other services.
10    (d) Grants may be awarded by the Department to Illinois
11businesses to fund research and consultation arrangements
12between businesses and universities, community colleges,
13research institutions, research consortiums, and other
14not-for-profit entities within this State.
15    The Department shall give priority to Illinois small
16businesses in awarding grants. Each grant awarded under this
17subsection (d) shall provide funding for up to 50% of the cost
18of the research or consultation arrangements, not to exceed
19$100,000; provided that the grant recipient utilizes Illinois
20not for profit research and academic institutions to perform
21the research and development function for which grant funds
22were requested.
23    (e) Grants may be awarded to research consortiums and other
24qualified applicants, in conjunction with private sector or
25federal funding, for other creative systems that bridge
26university resources and business, technological, production,

 

 

10000HB1292ham001- 38 -LRB100 02980 AXK 38413 a

1and development concerns.
2    (f) For the purposes of this Section:
3    "High technology" means any area of research or development
4designed to foster greater knowledge or understanding in fields
5such as computer science, electronics, physics, chemistry, or
6biology for the purpose of producing designing, developing, or
7improving prototypes and new processes.
8    "Illinois business" means a "small business concern" as
9defined in 15 U.S.C. 632 that conducts its business primarily
10in Illinois.
11    "Illinois research institutions" refers to not-for-profit
12entities, which include federally funded research
13laboratories, that conduct research and development activities
14for the purpose of producing, designing, developing, or
15improving prototypes and new processes.
16    "Other not-for-profit entities" means nonprofit
17organizations based in Illinois that are primarily devoted to
18new enterprise or product development.
19    "Private sector" has the meaning ascribed to it in 29
20U.S.C. 1503.
21    "University" means either a degree granting institution
22located in Illinois as defined in Section 2 of the Academic
23Degree Act, or a State-supported institution of higher learning
24administered by the Board of Trustees of the University of
25Illinois, the Board of Trustees of Southern Illinois University
26at Carbondale, the Board of Trustees of Southern Illinois

 

 

10000HB1292ham001- 39 -LRB100 02980 AXK 38413 a

1University at Edwardsville, the Board of Trustees of Chicago
2State University, the Board of Trustees of Eastern Illinois
3University, the Board of Trustees of Governors State
4University, the Board of Trustees of Illinois State University,
5the Board of Trustees of Northeastern Illinois University, the
6Board of Trustees of Northern Illinois University, the Board of
7Trustees of Western Illinois University, or the Illinois
8Community College Board.
9    "Venture" means any Illinois business engaged in research
10and development to create new products or services with high
11growth potential.
12    (g) The Department may establish a program of grant
13assistance on a matching basis to universities, community
14colleges, small business development centers, community action
15agencies and other not-for-profit economic development
16agencies to encourage new enterprise development and new
17business formation and to encourage enterprises in this State.
18The Department may provide grants, which shall be exempt from
19the provisions of Section 35-360, to universities, community
20colleges, small business development centers, community action
21agencies, and other not-for-profit economic development
22entities for the purpose of making loans to small businesses.
23All grant applications shall contain information as required by
24the Department, including the following: a program operation
25plan; a certification and assurance that the small business
26applicants have received business development training or

 

 

10000HB1292ham001- 40 -LRB100 02980 AXK 38413 a

1education, have a business and finance plan, and have
2experience in the proposed business area; and a description of
3the support services that the grant recipient will provide to
4the small business. No more than 10% of the grant may be used
5by the grant recipient for administrative costs associated with
6the grant. Grant recipients may use grant funds under this
7program to make loans on terms and conditions favorable to the
8small business and shall give priority to those businesses
9located in high poverty areas, enterprise zones, or both.
10(Source: P.A. 90-454, eff. 8-16-97; 91-239, eff. 1-1-00.)
 
11    Section 60. The Capital Development Board Act is amended by
12changing Section 12 as follows:
 
13    (20 ILCS 3105/12)  (from Ch. 127, par. 782)
14    Sec. 12. Nothing in this Act shall be construed to include
15the power to abrogate those powers vested in the boards of the
16local public community college districts and the Illinois
17Community College Board by the Public Community College Act,
18the Board of Trustees of the University of Illinois, the Board
19of Trustees of Southern Illinois University at Carbondale, the
20Board of Trustees of Southern Illinois University at
21Edwardsville, the Board of Trustees of Chicago State
22University, the Board of Trustees of Eastern Illinois
23University, the Board of Trustees of Governors State
24University, the Board of Trustees of Illinois State University,

 

 

10000HB1292ham001- 41 -LRB100 02980 AXK 38413 a

1the Board of Trustees of Northeastern Illinois University, the
2Board of Trustees of Northern Illinois University, and the
3Board of Trustees of Western Illinois University, hereinafter
4referred to as Governing Boards. In the exercise of the powers
5conferred by law upon the Board and in the exercise of the
6powers vested in such Governing Boards, it is hereby provided
7that (i) the Board and any such Governing Board may contract
8with each other and other parties as to the design and
9construction of any project to be constructed for or upon the
10property of such Governing Board or any institution under its
11jurisdiction; (ii) in connection with any such project,
12compliance with the provisions of the Illinois Purchasing Act
13by either the Board or such Governing Board shall be deemed to
14be compliance by the other; (iii) funds appropriated to any
15such Governing Board may be expended for any project
16constructed by the Board for such Governing Board; (iv) in
17connection with any such project the architects and engineers
18retained for the project and the plans and specifications for
19the project must be approved by both the Governing Board and
20the Board before undertaking either design or construction of
21the project, as the case may be.
22(Source: P.A. 89-4, eff. 1-1-96.)
 
23    Section 65. The Building Authority Act is amended by
24changing Sections 3, 4, 5, and 9 as follows:
 

 

 

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1    (20 ILCS 3110/3)  (from Ch. 127, par. 213.3)
2    Sec. 3. Duties. The Authority shall make thorough and
3continuous studies and investigations of the following
4building needs of the State of Illinois as they may from time
5to time develop:
6    (a) Office structures, recreational facilities, fixed
7equipment of any kind, electric, gas, steam, water and sewer
8utilities, motor parking facilities, hospitals, penitentiaries
9and facilities of every kind and character, other than movable
10equipment, considered by the Authority necessary or convenient
11for the efficient operation of any unit which is used by any
12officer, department, board, commission or other agency of the
13State.
14    (b) Buildings and other facilities intended for use as
15classrooms, laboratories, libraries, student residence halls,
16instructional and administrative facilities for students,
17faculty, officers, and employees, and motor vehicle parking
18facilities and fixed equipment for any institution or unit
19under the control of the Board of Trustees of the University of
20Illinois, the Board of Trustees of Southern Illinois University
21at Carbondale, the Board of Trustees of Southern Illinois
22University at Edwardsville, the Board of Trustees of Chicago
23State University, the Board of Trustees of Eastern Illinois
24University, the Board of Trustees of Governors State
25University, the Board of Trustees of Illinois State University,
26the Board of Trustees of Northeastern Illinois University, the

 

 

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1Board of Trustees of Northern Illinois University, the Board of
2Trustees of Western Illinois University, the School Building
3Commission or any public community college district board.
4    (c) School sites, buildings and fixed equipment to meet the
5needs of school districts unable to provide such facilities
6because of lack of funds and constitutional bond limitations,
7whenever any General Assembly has declared the acquisition of
8sites, construction of buildings and installation of fixed
9equipment for such school districts to be in the public
10interest, and allocations of said declarations shall be made as
11provided in Section 5 of this Act.
12    Whenever the General Assembly declares by law that it is in
13the public interest for the Authority to acquire any real
14estate, construct, complete and remodel buildings, and install
15fixed equipment in buildings and other facilities for public
16community college districts, the amount of any declaration to
17be allocated to any public community college district shall be
18determined by the Illinois Community College Board, unless
19otherwise provided by law.
20(Source: P.A. 94-1105, eff. 6-1-07.)
 
21    (20 ILCS 3110/4)  (from Ch. 127, par. 213.4)
22    Sec. 4. Any department, board, commission, agency or
23officer of this State or the Board of Trustees of the
24University of Illinois, the Board of Trustees of Southern
25Illinois University at Carbondale, the Board of Trustees of

 

 

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1Southern Illinois University at Edwardsville, the Board of
2Trustees of Chicago State University, the Board of Trustees of
3Eastern Illinois University, the Board of Trustees of Governors
4State University, the Board of Trustees of Illinois State
5University, the Board of Trustees of Northeastern Illinois
6University, the Board of Trustees of Northern Illinois
7University, the Board of Trustees of Western Illinois
8University, or any public community college district board may
9transfer jurisdiction of or title to any property under its or
10his control to the Authority when such transfer is approved in
11writing by the Governor as being advantageous to the State.
12(Source: P.A. 94-1105, eff. 6-1-07.)
 
13    (20 ILCS 3110/5)  (from Ch. 127, par. 213.5)
14    Sec. 5. Powers. To accomplish projects of the kind listed
15in Section 3 above, the Authority shall possess the following
16powers:
17    (a) Acquire by purchase or otherwise (including the power
18of condemnation in the manner provided for the exercise of the
19right of eminent domain under the Eminent Domain Act),
20construct, complete, remodel and install fixed equipment in any
21and all buildings and other facilities as the General Assembly
22by law declares to be in the public interest.
23    Whenever the General Assembly has by law declared it to be
24in the public interest for the Authority to acquire any real
25estate, construct, complete, remodel and install fixed

 

 

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1equipment in buildings and other facilities for public
2community college districts, the Director of the Department of
3Central Management Services shall, when requested by any such
4public community college district board, enter into a lease by
5and on behalf of and for the use of such public community
6college district board to the extent appropriations have been
7made by the General Assembly to pay the rents under the terms
8of such lease.
9    In the course of such activities, acquire property of any
10and every kind and description, whether real, personal or
11mixed, by gift, purchase or otherwise. It may also acquire real
12estate of the State of Illinois controlled by any officer,
13department, board, commission, or other agency of the State, or
14the Board of Trustees of the University of Illinois, the Board
15of Trustees of Southern Illinois University at Carbondale, the
16Board of Trustees of Southern Illinois University at
17Edwardsville, the Board of Trustees of Chicago State
18University, the Board of Trustees of Eastern Illinois
19University, the Board of Trustees of Governors State
20University, the Board of Trustees of Illinois State University,
21the Board of Trustees of Northeastern Illinois University, the
22Board of Trustees of Northern Illinois University, the Board of
23Trustees of Western Illinois University, or any public
24community college district board, the jurisdiction of which is
25transferred by such officer, department, board, commission, or
26other agency or the Board of Trustees of Southern Illinois

 

 

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1University at Carbondale, the Board of Trustees of Southern
2Illinois University at Edwardsville, the Board of Trustees of
3Chicago State University, the Board of Trustees of Eastern
4Illinois University, the Board of Trustees of Governors State
5University, the Board of Trustees of Illinois State University,
6the Board of Trustees of Northeastern Illinois University, the
7Board of Trustees of Northern Illinois University, the Board of
8Trustees of Western Illinois University, or any public
9community college district board to the Authority. The Board of
10Trustees of the University of Illinois, the Board of Trustees
11of Southern Illinois University at Carbondale, the Board of
12Trustees of Southern Illinois University at Edwardsville, the
13Board of Trustees of Chicago State University, the Board of
14Trustees of Eastern Illinois University, the Board of Trustees
15of Governors State University, the Board of Trustees of
16Illinois State University, the Board of Trustees of
17Northeastern Illinois University, the Board of Trustees of
18Northern Illinois University, the Board of Trustees of Western
19Illinois University, and any public community college district
20board, respectively, shall prepare plans and specifications
21for and have supervision over any project to be undertaken by
22the Authority for their use. Before any other particular
23construction is undertaken, plans and specifications shall be
24approved by the lessee provided for under (b) below, except as
25indicated above.
26    (b) Execute leases of facilities and sites to, and charge

 

 

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1for the use of any such facilities and sites by, any officer,
2department, board, commission or other agency of the State of
3Illinois, or the Director of the Department of Central
4Management Services when the Director is requested to, by and
5on behalf of, or for the use of, any officer, department,
6board, commission or other agency of the State of Illinois, or
7by the Board of Trustees of the University of Illinois, the
8Board of Trustees of Southern Illinois University at
9Carbondale, the Board of Trustees of Southern Illinois
10University at Edwardsville, the Board of Trustees of Chicago
11State University, the Board of Trustees of Eastern Illinois
12University, the Board of Trustees of Governors State
13University, the Board of Trustees of Illinois State University,
14the Board of Trustees of Northeastern Illinois University, the
15Board of Trustees of Northern Illinois University, the Board of
16Trustees of Western Illinois University, or any public
17community college district board. Such leases may be entered
18into contemporaneously with any financing to be done by the
19Authority and payments under the terms of the lease shall begin
20at any time after execution of any such lease.
21    (c) In the event of non-payment of rents reserved in such
22leases, maintain and operate such facilities and sites or
23execute leases thereof to others for any suitable purposes.
24Such leases to the officers, departments, boards, commissions,
25other agencies, the respective Boards of Trustees, or any
26public community college district board shall contain the

 

 

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1provision that rents under such leases shall be payable solely
2from appropriations to be made by the General Assembly for the
3payment of such rent and any revenues derived from the
4operation of the leased premises.
5    (d) Borrow money and issue and sell bonds in such amount or
6amounts as the Authority may determine for the purpose of
7acquiring, constructing, completing or remodeling, or putting
8fixed equipment in any such facility; refund and refinance the
9same from time to time as often as advantageous and in the
10public interest to do so; and pledge any and all income of such
11Authority, and any revenues derived from such facilities, or
12any combination thereof, to secure the payment of such bonds
13and to redeem such bonds. All such bonds are subject to the
14provisions of Section 6 of this Act.
15    In addition to the permanent financing authorized by
16Sections 5 and 6 of this Act, the Illinois Building Authority
17may borrow money and issue interim notes in evidence thereof
18for any of the projects, or to perform any of the duties
19authorized under this Act, and in addition may borrow money and
20issue interim notes for planning, architectural and
21engineering, acquisition of land, and purchase of fixed
22equipment as follows:
23        1. Whenever the Authority considers it advisable and in
24    the interests of the Authority to borrow funds temporarily
25    for any of the purposes enumerated in this Section, the
26    Authority may from time to time, and pursuant to

 

 

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1    appropriate resolution, issue interim notes to evidence
2    such borrowings including funds for the payment of interest
3    on such borrowings and funds for all necessary and
4    incidental expenses in connection with any of the purposes
5    provided for by this Section and this Act until the date of
6    the permanent financing. Any resolution authorizing the
7    issuance of such notes shall describe the project to be
8    undertaken and shall specify the principal amount, rate of
9    interest (not exceeding the maximum rate authorized by the
10    Bond Authorization Act, as amended at the time of the
11    making of the contract,) and maturity date, but not to
12    exceed 5 years from date of issue, and such other terms as
13    may be specified in such resolution; however, time of
14    payment of any such notes may be extended for a period of
15    not exceeding 3 years from the maturity date thereof.
16        The Authority may provide for the registration of the
17    notes in the name of the owner either as to principal
18    alone, or as to both principal and interest, on such terms
19    and conditions as the Authority may determine by the
20    resolution authorizing their issue. The notes shall be
21    issued from time to time by the Authority as funds are
22    borrowed, in the manner the Authority may determine.
23    Interest on the notes may be made payable semiannually,
24    annually or at maturity. The notes may be made redeemable,
25    prior to maturity, at the option of the Authority, in the
26    manner and upon the terms fixed by the resolution

 

 

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1    authorizing their issuance. The notes may be executed in
2    the name of the Authority by the Chairman of the Authority
3    or by any other officer or officers of the Authority as the
4    Authority by resolution may direct, shall be attested by
5    the Secretary or such other officer or officers of the
6    Authority as the Authority may by resolution direct, and be
7    sealed with the Authority's corporate seal. All such notes
8    and the interest thereon may be secured by a pledge of any
9    income and revenue derived by the Authority from the
10    project to be undertaken with the proceeds of the notes and
11    shall be payable solely from such income and revenue and
12    from the proceeds to be derived from the sale of any
13    revenue bonds for permanent financing authorized to be
14    issued under Sections 5 and 6 of this Act, and from the
15    property acquired with the proceeds of the notes.
16        Contemporaneously with the issue of revenue bonds as
17    provided by this Act, all interim notes, even though they
18    may not then have matured, shall be paid, both principal
19    and interest to date of payment, from the funds derived
20    from the sale of revenue bonds for the permanent financing
21    and such interim notes shall be surrendered and canceled.
22        2. The Authority, in order further to secure the
23    payment of the interim notes, is, in addition to the
24    foregoing, authorized and empowered to make any other or
25    additional covenants, terms and conditions not
26    inconsistent with the provisions of subparagraph (a) of

 

 

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1    this Section, and do any and all acts and things as may be
2    necessary or convenient or desirable in order to secure
3    payment of its interim notes, or in the discretion of the
4    Authority, as will tend to make the interim notes more
5    acceptable to lenders, notwithstanding that the covenants,
6    acts or things may not be enumerated herein; however,
7    nothing contained in this subparagraph shall authorize the
8    Authority to secure the payment of the interim notes out of
9    property or facilities, other than the facilities acquired
10    with the proceeds of the interim notes, and any net income
11    and revenue derived from the facilities and the proceeds of
12    revenue bonds as hereinabove provided.
13    (e) Convey property, without charge, to the State or to the
14appropriate corporate agency of the State or to any public
15community college district board if and when all debts which
16have been secured by the income from such property have been
17paid.
18    (f) Enter into contracts regarding any matter connected
19with any corporate purpose within the objects and purposes of
20this Act.
21    (g) Employ agents and employees necessary to carry out the
22duties and purposes of the Authority.
23    (h) Adopt all necessary by-laws, rules and regulations for
24the conduct of the business and affairs of the Authority, and
25for the management and use of facilities and sites acquired
26under the powers granted by this Act.

 

 

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1    (i) Have and use a common seal and alter the same at
2pleasure.
3    The Interim notes shall constitute State debt of the State
4of Illinois within the meaning of any of the provisions of the
5Constitution and statutes of the State of Illinois.
6    No member, officer, agent or employee of the Authority, nor
7any other person who executes interim notes, shall be liable
8personally by reason of the issuance thereof.
9    With respect to instruments for the payment of money issued
10under this Section either before, on, or after the effective
11date of this amendatory Act of 1989, it is and always has been
12the intention of the General Assembly (i) that the Omnibus Bond
13Acts are and always have been supplementary grants of power to
14issue instruments in accordance with the Omnibus Bond Acts,
15regardless of any provision of this Act that may appear to be
16or to have been more restrictive than those Acts, (ii) that the
17provisions of this Section are not a limitation on the
18supplementary authority granted by the Omnibus Bond Acts, and
19(iii) that instruments issued under this Section within the
20supplementary authority granted by the Omnibus Bond Acts are
21not invalid because of any provision of this Act that may
22appear to be or to have been more restrictive than those Acts.
23(Source: P.A. 94-1055, eff. 1-1-07; 94-1105, eff. 6-1-07;
2495-876, eff. 8-21-08.)
 
25    (20 ILCS 3110/9)  (from Ch. 127, par. 213.9)

 

 

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1    Sec. 9. Limitation on disbursements. The Authority shall
2keep account of the gross total income derived from each
3separate project or any combination thereof undertaken
4pursuant to this Act. Disbursements from a given account in The
5Public Building Fund shall be ordered by the Authority only for
6the payment of (1) the principal of and interest on the bonds
7issued for each project, or combination thereof, and (2) any
8other purposes set forth in the resolution authorizing the
9issuance of such bonds.
10    An accurate record shall be kept of the rental payments
11under each lease entered into by the Authority and any officer,
12department, board, commission or other agency of the State of
13Illinois, the Director of the Department of Central Management
14Services, the Board of Trustees of the University of Illinois,
15the Board of Trustees of Southern Illinois University at
16Carbondale, the Board of Trustees of Southern Illinois
17University at Edwardsville, the Board of Trustees of Chicago
18State University, the Board of Trustees of Eastern Illinois
19University, the Board of Trustees of Governors State
20University, the Board of Trustees of Illinois State University,
21the Board of Trustees of Northeastern Illinois University, the
22Board of Trustees of Northern Illinois University, the Board of
23Trustees of Western Illinois University, or any public
24community college district board, and when the rentals
25applicable to each project or facility, or any combination
26thereof, constructed, completed, remodeled, maintained and

 

 

10000HB1292ham001- 54 -LRB100 02980 AXK 38413 a

1equipped, have been paid in (1) amounts sufficient to amortize
2and pay the principal of and interest upon the total principal
3amount of bonds of the Authority issued to pay the cost of each
4project or facility, including maintenance and operation
5expenses and that proportion of the administrative expense of
6the Authority as provided for by each lease, or (2) amounts
7which when invested in direct obligations of the United States
8of America are, together with earnings thereon, sufficient to
9amortize and pay the principal of and interest upon the total
10principal amount of bonds of the Authority issued to pay the
11cost of each project or facility, including maintenance and
12operation expenses and that proportion of the administrative
13expense of the Authority as provided for by each lease, the
14property shall be conveyed without charge to the lessee.
15(Source: P.A. 94-1105, eff. 6-1-07.)
 
16    Section 70. The David A. Wirsing Food Animal Institute Act
17is amended by changing Section 15 as follows:
 
18    (20 ILCS 3931/15)
19    Sec. 15. Governing board. The Institute is governed by a
20board of 15 voting members who are appointed by the Governor
21and who must ensure unbiased information. Five of the
22Governor's appointees must represent food animal production.
23Five of the Governor's appointees must represent allied
24agribusiness aspects of the food animal industry. Five of the

 

 

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1Governor's appointees must represent other, non-agribusiness
2aspects of the food animal industry.
3    The board must also include, as non-voting members, the
4dean or department chairperson or his or her designated
5representative of the following institutions: the University
6of Illinois College of ACES, the University of Illinois College
7of Veterinary Medicine, the Southern Illinois University at
8Carbondale College of Agriculture, the Western Illinois
9University Agriculture Department, and the Illinois State
10University Agriculture Department.
11(Source: P.A. 93-883, eff. 8-6-04.)
 
12    Section 75. The State Finance Act is amended by changing
13Sections 6a-1, 6a-2, 6a-3, 10, 12-1, 13.2, and 13.5 and by
14adding Section 6a-1h as follows:
 
15    (30 ILCS 105/6a-1)  (from Ch. 127, par. 142a1)
16    Sec. 6a-1. Southern Illinois University at Carbondale;
17retention of income.
18    (1) Beginning on the effective date of this amendatory Act
19of 1996, The following items of income received by the Southern
20Illinois University at Carbondale for general operational and
21educational purposes shall be retained by the University in its
22own treasury and credited to an account known as the University
23Income Fund that it shall establish in its treasury for
24purposes of this paragraph: (a) tuition and laboratory fees not

 

 

10000HB1292ham001- 56 -LRB100 02980 AXK 38413 a

1pledged to discharge obligations arising out of the issuance of
2revenue bonds, library fees, and all interest which may be
3earned thereon; and (b) excess income from auxiliary
4enterprises and activities as provided in paragraph (2) of this
5Section, and all other income arising out of any activity or
6purpose not specified in paragraph (2) of this Section or in
7Sections 6a-2 or 6a-3 upon receipt of the same without any
8deduction whatever. Such items of income shall be deposited
9into a college or university bank account within the time
10period established for like amounts in Section 2 of the State
11Officers and Employees Money Disposition Act. Within 10 days
12after the effective date of this amendatory Act of 1996, all
13moneys then remaining in the Southern Illinois University
14Income Fund heretofore established as a special fund in the
15State Treasury that were covered and paid into that fund by the
16University shall be repaid to the University upon the warrant
17of the State Comptroller, directed to the State Treasurer as an
18order to pay the sum required to be repaid under this paragraph
19and shown as due on the warrant. The University shall deposit
20the amount so repaid to it in a college or university bank
21account within the time period established for like amounts in
22Section 2 of the State Officers and Employees Money Disposition
23Act, to be credited to the University Income Fund established
24by the University in its own treasury for purposes of this
25paragraph. All moneys from time to time held in the University
26Income Fund in the treasury of the University shall be used by

 

 

10000HB1292ham001- 57 -LRB100 02980 AXK 38413 a

1the University, pursuant to the order and direction of the
2Board of Trustees of the University, for the support and
3improvement of the University, except for amounts disbursed
4from that University Income Fund for refunds to students for
5whom duplicate payment has been made and to students who have
6withdrawn after registration and who are entitled to such
7refunds.
8    (2) The following items of income shall be retained by the
9University in its own treasury: endowment funds, gifts, trust
10funds, and Federal aid; funds received in connection with
11contracts with governmental, public, or private agencies or
12persons, for research or services including funds which are
13paid as reimbursement to the University; funds received in
14connection with reserves authorized by Section 8a of the
15Southern Illinois University Management Act; funds received in
16connection with its operation of medical research and high
17technology parks and with the retention, receipt, assignment,
18license, sale or transfer of interests in, rights to, or income
19from discoveries, inventions, patents, or copyrightable works;
20funds retained by the University under the authority of
21Sections 6a-2 and 6a-3; and funds received from the operation
22of student or staff residence facilities, student and staff
23medical and health programs, Union buildings, bookstores,
24farms, stores, and other auxiliary enterprises or activities
25which are self-supporting in whole or in part. Any income
26derived from such auxiliary enterprises or activities which is

 

 

10000HB1292ham001- 58 -LRB100 02980 AXK 38413 a

1not necessary to their support, maintenance, or development
2shall not, however, be applied to any general operational or
3educational purposes but shall be retained by the University in
4its own treasury and credited to the University Income Fund
5that it shall establish in its treasury as provided in
6paragraph (1) of this Section.
7    Whenever such funds retained by the University in its own
8treasury are deposited with a bank or savings and loan
9association and the amount of the deposit exceeds the amount of
10federal deposit insurance coverage, a bond or pledged
11securities shall be obtained. Only the types of securities
12which the State Treasurer may, in his discretion, accept for
13amounts not insured by the Federal Deposit Insurance
14Corporation or the Federal Savings and Loan Insurance
15Corporation under Section 11 of the Deposit of State Moneys
16Act, may be accepted as pledged securities. The market value of
17the bond or pledged securities shall at all times be equal to
18or greater than the uninsured portion of the deposit.
19    The Auditor General shall audit or cause to be audited the
20above items of income and all other income and expenditures of
21such institution.
22(Source: P.A. 89-602, eff. 8-2-96.)
 
23    (30 ILCS 105/6a-1h new)
24    Sec. 6a-1h. Southern Illinois University at Edwardsville;
25retention of income.

 

 

10000HB1292ham001- 59 -LRB100 02980 AXK 38413 a

1    (a) The following items of income received by Southern
2Illinois University at Edwardsville for general operational
3and educational purposes shall be retained by the University in
4its own treasury and credited to an account known as the
5University Income Fund that it shall establish in its treasury
6for purposes of this subsection (a): (1) tuition and laboratory
7fees not pledged to discharge obligations arising out of the
8issuance of revenue bonds, library fees, and all interest that
9may be earned thereon; and (2) excess income from auxiliary
10enterprises and activities as provided in subsection (b) of
11this Section and all other income arising out of any activity
12or purpose not specified in subsection (b) of this Section or
13in Sections 6a-2 or 6a-3 upon receipt of the same without any
14deduction whatever. Such items of income shall be deposited
15into a college or university bank account within the time
16period established for like amounts in Section 2 of the State
17Officers and Employees Money Disposition Act. All moneys from
18time to time held in the University Income Fund in the treasury
19of the University shall be used by the University, pursuant to
20the order and direction of the Board of Trustees of the
21University, for the support and improvement of the University,
22except for amounts disbursed from that University Income Fund
23for refunds to students for whom duplicate payment has been
24made and to students who have withdrawn after registration and
25who are entitled to such refunds.
26    (b) The following items of income shall be retained by the

 

 

10000HB1292ham001- 60 -LRB100 02980 AXK 38413 a

1University in its own treasury: endowment funds, gifts, trust
2funds, and Federal aid; funds received in connection with
3contracts with governmental, public, or private agencies or
4persons for research or services, including funds that are paid
5as reimbursement to the University; funds received in
6connection with reserves authorized by Section 8a of the
7Southern Illinois University Management Act; funds received in
8connection with its operation of medical research and high
9technology parks and with the retention, receipt, assignment,
10license, sale, or transfer of interests in, rights to, or
11income from discoveries, inventions, patents, or copyrightable
12works; funds retained by the University under the authority of
13Sections 6a-2 and 6a-3; and funds received from the operation
14of student or staff residence facilities, student and staff
15medical and health programs, Union buildings, bookstores,
16farms, stores, and other auxiliary enterprises or activities
17that are self-supporting in whole or in part. Any income
18derived from such auxiliary enterprises or activities that is
19not necessary to their support, maintenance, or development
20shall not, however, be applied to any general operational or
21educational purposes but shall be retained by the University in
22its own treasury and credited to the University Income Fund
23that it shall establish in its treasury as provided in
24subsection (a) of this Section.
25    Whenever such funds retained by the University in its own
26treasury are deposited with a bank or savings and loan

 

 

10000HB1292ham001- 61 -LRB100 02980 AXK 38413 a

1association and the amount of the deposit exceeds the amount of
2federal deposit insurance coverage, a bond or pledged
3securities shall be obtained. Only the types of securities that
4the State Treasurer may, in his or her discretion, accept for
5amounts not insured by the Federal Deposit Insurance
6Corporation or the Federal Savings and Loan Insurance
7Corporation under Section 11 of the Deposit of State Moneys Act
8may be accepted as pledged securities. The market value of the
9bond or pledged securities shall at all times be equal to or
10greater than the uninsured portion of the deposit.
11    The Auditor General shall audit or cause to be audited the
12above items of income and all other income and expenditures of
13such institution.
 
14    (30 ILCS 105/6a-2)  (from Ch. 127, par. 142a2)
15    Sec. 6a-2. Retention of certain funds by universities; use
16of funds; audit.
17    (a) Each University listed in Section Sections 6a, or 6a-1,
18or 6a-1h may retain in its treasury any funds derived from
19rentals, service charges and laboratory and building service
20charges or other sources, assessed or obtained for or arising
21out of the operation of any building or buildings or structure
22or structures and pledged to discharge obligations created in
23order to complete or operate such building or structure, or for
24the payment of revenue bonds issued under "An Act to authorize
25The Board of Trustees of Southern Illinois University to

 

 

10000HB1292ham001- 62 -LRB100 02980 AXK 38413 a

1acquire, build, purchase, or otherwise construct, equip,
2complete, remodel, operate, control, and manage student
3residence halls, dormitories, dining halls, student union
4buildings, field houses, stadiums and other revenue-producing
5buildings, including sites therefor, for the Southern Illinois
6University, defining the duties of The Board of Trustees of
7Southern Illinois University with respect to operation and
8maintenance thereof, charging rates or fees for the use
9thereof, and providing for and authorizing the issuance of
10bonds for the purpose of defraying the cost of construction,
11acquisition or equipment of any such building or buildings
12payable from the revenues derived from the operation thereof,
13or, when authorized by The Board of Trustees, payable from such
14revenues as supplemented by University income authorized by law
15to be retained in the University treasury and applied to such
16purpose, and for the refunding of any such bonds, and
17authorizing investment in such bonds", approved June 30, 1949,
18as amended, or issued under the "Board of Governors of State
19Colleges and Universities Revenue Bond Act", approved May 8,
201947, as amended, as the case may be; and, to be disbursed from
21time to time pursuant to the order and direction of the Board
22of Trustees of Southern Illinois University at Carbondale, the
23Board of Trustees of Southern Illinois University at
24Edwardsville, or the Board of Governors of State Colleges and
25Universities, and in accordance with any contracts, pledges,
26trusts or agreements heretofore or hereafter made by the Board

 

 

10000HB1292ham001- 63 -LRB100 02980 AXK 38413 a

1of Trustees or Board of Governors of State Colleges and
2Universities.
3    (b) The Board of Trustees of Southern Illinois University
4at Carbondale and the Board of Trustees of Southern Illinois
5University at Edwardsville may also retain in their treasuries
6its treasury, out of student fees and tuition, such sums
7annually as each the Board determines are necessary to
8supplement revenue derived from any building or buildings
9constructed or acquired after July 1, 1957, or to supplement
10revenues derived from any building or buildings having bonds
11outstanding thereon which are refunded under the provisions of
12"An Act to authorize The Board of Trustees of Southern Illinois
13University to acquire, build, purchase, or otherwise
14construct, equip, complete, remodel, operate, control, and
15manage student residence halls, dormitories, dining halls,
16student union buildings, field houses, stadiums, and other
17revenue-producing buildings, including sites therefor, for the
18Southern Illinois University, defining the duties of The Board
19of Trustees of Southern Illinois University with respect to
20operation and maintenance thereof, charging rates or fees for
21the use thereof, and providing for and authorizing the issuance
22of bonds for the purpose of defraying the cost of construction,
23acquisition or equipment of any such building or buildings
24payable from the revenues derived from the operation thereof,
25or, when authorized by The Board of Trustees, payable from such
26revenues as supplemented by University income authorized by law

 

 

10000HB1292ham001- 64 -LRB100 02980 AXK 38413 a

1to be retained in the University treasury and applied to such
2purpose, and for the refunding of any such bonds, and
3authorizing investment in such bonds", approved June 30, 1949,
4as amended, and pledge or by resolution make a supplementary
5allocation of the funds so retained out of students' fees and
6tuition for the retirement of such bonds as may be issued under
7such Act. Such funds as are so pledged shall annually be
8credited to the account to which the pledge applies. Such funds
9as are supplementarily allocated by Board resolution
10subsequent to the resolution creating the bonds shall be
11credited in accordance with the terms of the resolution making
12such supplementary allocation to the account to which the
13allocation applies. Each The Board may authorize such
14supplementation only after a determination by it that the
15maximum revenues which may reasonably and economically be
16derived from the operation of a building proposed to be
17constructed or acquired under the Act herein cited will be
18insufficient to meet the costs of operation and maintenance and
19to pay the principal of and interest on bonds issued for such
20building, or after a determination by it that the maximum
21revenues which may reasonably and economically be derived from
22the operation of a building already constructed or acquired
23under the Act are or will be insufficient to meet the costs of
24operation and maintenance and to pay the principal of and
25interest on bonds issued for such building. In no event shall
26the supplementation from University income be in excess of an

 

 

10000HB1292ham001- 65 -LRB100 02980 AXK 38413 a

1amount which, when added to the revenues to be derived from the
2operation of the building or buildings, will be sufficient to
3meet the annual debt service requirements on the bonds issued
4in respect to such building or buildings, the annual cost of
5maintenance or operation of such building or buildings, and to
6provide for such reserves, accounts or covenants which the
7resolution authorizing the issuing of such bonds may require.
8    (c) The Auditor General shall audit or cause to be audited
9the above items of income and all other income and expenditures
10of such institutions.
11    (d) Beginning on January 1, 1996, the provisions of
12subsection (a) of this Section, insofar as they relate to the
13retention and use of any funds by or on behalf of the
14universities listed in Section 6a, shall be superseded by
15Section 5-35 of the Chicago State University Law and Section
166a-1c of the State Finance Act with respect to Chicago State
17University; by Section 10-35 of the Eastern Illinois University
18Law and Section 6a-1d of the State Finance Act with respect to
19Eastern Illinois University; by Section 15-35 of the Governors
20State University Law and Section 6a-1e of the State Finance Act
21with respect to Governors State University; by Section 25-35 of
22the Northeastern Illinois University Law and Section 6a-1f of
23the State Finance Act with respect to Northeastern Illinois
24University; and by Section 35-35 of the Western Illinois
25University Law and Section 6a-1g of the State Finance Act with
26respect to Western Illinois University. On January 1, 1996 all

 

 

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1funds deposited, retained, or otherwise held under subsection
2(a) of this Section with respect to the universities listed in
3Section 6a shall be transferred, retained and held as provided
4by the provisions of law cited in this subsection (d) as
5superseding the provisions of subsection (a) of this Section,
6and in accordance with any contracts, pledges, trusts, or
7agreements heretofore made by the Teachers College Board or the
8Board of Governors of State Colleges and Universities, or
9hereafter made by the respective Boards of Trustees of the
10Universities named in this paragraph (d).
11(Source: P.A. 89-4, eff. 1-1-96.)
 
12    (30 ILCS 105/6a-3)  (from Ch. 127, par. 142a3)
13    Sec. 6a-3. The Board of Trustees of Southern Illinois
14University at Carbondale and the Board of Trustees of Southern
15Illinois University at Edwardsville may retain in their
16treasuries sits treasury (a) all moneys received from the sale
17of all bonds issued under the Southern Illinois University
18Revenue Bond Act, (b) all fees, rentals and other charges from
19students, staff members and others using or being served by, or
20having the right to use or the right to be served by, or to
21operate any project acquired under the said Act, (c) all
22tuition, registration, matriculation, health, hospital,
23medical, laboratory, admission, student activities, student
24services, and all other fees collected from students
25matriculated, registered or otherwise enrolled at and

 

 

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1attending the Universities University pledged under the terms
2of any resolution authorizing bonds, or authorizing a
3supplemental allocation of fees for debt service of bonds
4theretofore issued, pursuant to the said Act, and (d) all
5rentals from any facility or building acquired under the said
6Act and leased to the United States of America.
7    The Auditor General shall audit or cause to be audited the
8above items of income and all other income and expenditures of
9such institutions institution.
10(Source: P.A. 76-1337.)
 
11    (30 ILCS 105/10)  (from Ch. 127, par. 146)
12    Sec. 10. When an appropriation has been made by the General
13Assembly for the ordinary and contingent expenses of the
14operation, maintenance and administration of the several
15offices, departments, institutions, boards, commissions and
16agencies of the State government, the State Comptroller shall
17draw his warrant on the State Treasurer for the payment of the
18same upon the presentation of itemized vouchers, issued,
19certified, and approved, as follows:
20    For appropriations to:
21        (1) Elective State officers in the executive
22    Department, to be certified and approved by such officers,
23    respectively;
24        (2) The Supreme Court, to be certified and approved by
25    the Chief Justice thereof;

 

 

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1        (3) Appellate Court, to be certified and approved by
2    the Chief Justice of each judicial district;
3        (4) The State Senate, to be certified and approved by
4    the President;
5        (5) The House of Representatives, to be certified and
6    approved by the Speaker;
7        (6) The Auditor General, to be certified and approved
8    by the Auditor General;
9        (7) Clerks of courts, to be certified and approved by
10    the clerk incurring expenditures;
11        (8) The departments under the Civil Administrative
12    Code, to be certified and approved by the Director or
13    Secretary of the Department;
14        (9) The University of Illinois, to be certified by the
15    president of the University;
16        (10) The State Universities Retirement System, to be
17    certified to by the President and Secretary of the Board of
18    Trustees of the System;
19        (11) Illinois State University, to be certified to by
20    the president of that University;
21        (12) Northern Illinois University, to be certified to
22    by the president of that University;
23        (12a) Chicago State University, certified to by the
24    president of that University;
25        (12b) Eastern Illinois University, certified to by the
26    president of that University;

 

 

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1        (12c) Governors State University, certified to by the
2    president of that University;
3        (12d) Northeastern Illinois University, certified to
4    by the president of that University;
5        (12e) Western Illinois University, certified to by the
6    president of that University;
7        (13) Southern Illinois University at Carbondale, to be
8    certified to by the President of the University;
9        (13a) Southern Illinois University at Edwardsville, to
10    be certified to by the President and Secretary of the Board
11    of Trustees of Southern Illinois University at
12    Edwardsville, with the corporate seal of the University
13    attached thereto;
14        (14) The Adjutant General, to be certified and approved
15    by the Adjutant General;
16        (15) The Illinois Legislative Investigating
17    Commission, to be certified and approved by its Chairman,
18    or when it is organized with Co-Chairmen, by either of its
19    Co-Chairmen;
20        (16) All other officers, boards, commissions and
21    agencies of the State government, certified and approved by
22    such officer or by the president or chairman and secretary
23    or by the executive officer of such board, commission or
24    agency;
25        (17) Individuals, to be certified by such individuals;
26        (18) The farmers' institute, agricultural, livestock,

 

 

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1    poultry, scientific, benevolent, and other private
2    associations, or corporations of whatsoever nature, to be
3    certified and approved by the president and secretary of
4    such society.
5    Nothing contained in this Section shall be construed to
6amend or modify the "Personnel Code".
7    This Section is subject to Section 9.02.
8(Source: P.A. 98-788, eff. 7-25-14.)
 
9    (30 ILCS 105/12-1)  (from Ch. 127, par. 148-1)
10    Sec. 12-1. Travel control boards.
11    (a) The following travel control boards are created with
12the members and jurisdiction set forth below:
13        (1) A Travel Control Board is created within the Office
14    of the Attorney General consisting of the Attorney General
15    as chairman and 2 members of his supervisory staff
16    appointed by him. The board shall have jurisdiction over
17    travel by employees of the office.
18        (2) A Travel Control Board is created within the Office
19    of the State Comptroller consisting of the Comptroller as
20    chairman and 2 members of his supervisory staff appointed
21    by him. The board shall have jurisdiction over travel by
22    employees of the office.
23        (3) The Higher Education Travel Control Board shall
24    consist of 12 11 members, one to be appointed by each of
25    the following: the Board of Trustees of the University of

 

 

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1    Illinois, the Board of Trustees of Southern Illinois
2    University at Carbondale, the Board of Trustees of Southern
3    Illinois University at Edwardsville, the Board of Trustees
4    of Chicago State University, the Board of Trustees of
5    Eastern Illinois University, the Board of Trustees of
6    Governors State University, the Board of Trustees of
7    Illinois State University, the Board of Trustees of
8    Northeastern Illinois University, the Board of Trustees of
9    Northern Illinois University, the Board of Trustees of
10    Western Illinois University, the Illinois Community
11    College Board and the Illinois Board of Higher Education.
12    Each member shall be an officer, member or employee of the
13    board making the appointment, or of an institution governed
14    or maintained by such board. The board shall have
15    jurisdiction over travel by the Board of Higher Education,
16    the Board of Trustees of the University of Illinois, the
17    Board of Trustees of Southern Illinois University at
18    Carbondale, the Board of Trustees of Southern Illinois
19    University at Edwardsville, the Board of Trustees of
20    Chicago State University, the Board of Trustees of Eastern
21    Illinois University, the Board of Trustees of Governors
22    State University, the Board of Trustees of Illinois State
23    University, the Board of Trustees of Northeastern Illinois
24    University, the Board of Trustees of Northern Illinois
25    University, the Board of Trustees of Western Illinois
26    University, the Illinois Community College Board, the

 

 

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1    State Community College of East St. Louis (abolished under
2    Section 2-12.1 of the Public Community College Act), the
3    Illinois State Scholarship Commission, the State
4    Universities Retirement System, the University Civil
5    Service Merit Board, the Board of Trustees of the Illinois
6    Mathematics and Science Academy and all employees of the
7    named Boards, Commission and System and of the institutions
8    governed or maintained by the named Boards. The Higher
9    Education Travel Control Board shall select a chairman from
10    among its members.
11        (4) The Legislative Travel Control Board shall consist
12    of the following members serving ex-officio: The Auditor
13    General as chairman, the President and the Minority Leader
14    of the Senate and the Speaker and the Minority Leader of
15    the House of Representatives. The board shall have
16    jurisdiction over travel by employees of: the General
17    Assembly, legislative boards and commissions, the Office
18    of the Auditor General and all legislative agencies.
19        (5) A Travel Control Board is created within the Office
20    of the Lieutenant Governor consisting of the Lieutenant
21    Governor as chairman and 2 members of his supervisory staff
22    appointed by him. The board shall have jurisdiction over
23    travel by employees of the office. The Travel Control Board
24    within the office of the Lieutenant Governor is subject to
25    the provisions of Section 405-500 of the Department of
26    Central Management Services Law (20 ILCS 405/405-500).

 

 

10000HB1292ham001- 73 -LRB100 02980 AXK 38413 a

1        (6) A Travel Control Board is created within the Office
2    of the Secretary of State consisting of the Secretary of
3    State as chairman, and 2 members of his supervisory staff
4    appointed by him. The board shall have jurisdiction over
5    travel by employees of the office.
6        (7) A Travel Control Board is created within the
7    Judicial Branch consisting of a chairman and 2 members
8    appointed by the Supreme Court. The board shall have
9    jurisdiction over travel by personnel of the Judicial
10    Branch, except the circuit courts and the judges.
11        (8) A Travel Control Board is created under the State
12    Board of Education, consisting of the State Superintendent
13    of Education as chairman, and 2 members of his supervisory
14    staff appointed by the State Board of Education. The Board
15    shall have jurisdiction over travel by employees of the
16    State Board of Education.
17        (9) A Travel Control Board is created within the Office
18    of the State Treasurer, consisting of the State Treasurer
19    as chairman and 2 members of his supervisory staff
20    appointed by him. The board shall have jurisdiction over
21    travel by employees of the office.
22        (10) A Governor's Travel Control Board is created
23    consisting of the Governor ex-officio as chairman, and 2
24    members appointed by the Governor. The board shall have
25    jurisdiction over travel by employees and officers of all
26    State agencies as defined in the Illinois State Auditing

 

 

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1    Act, except for the following: judges, members of the
2    General Assembly, elected constitutional officers of the
3    State, the Auditor General, and personnel under the
4    jurisdiction of another travel control board created by
5    statute.
6    (a-5) The Commissioner of Banks and Real Estate, the
7Prisoner Review Board, and the State Fire Marshal shall submit
8to the Governor's Travel Control Board the quarterly reports
9required by regulation pertaining to their employees
10reimbursed for housing.
11    (b) Each travel control board created by this Section shall
12meet at the call of the chairman at least quarterly to review
13all vouchers, or a report thereof, for travel reimbursements
14involving an exception to the State Travel Regulations and
15Rates. Each travel control board shall prescribe the procedures
16for submission of an information copy of vouchers involving an
17exception to the general provisions established by the State
18Travel Regulations and Reimbursement Rates.
19    (c) Any chairman or member of a travel control board may,
20with the consent of the respective appointing official,
21designate a deputy to serve in his place at any or all meetings
22of the board. The designation shall be in writing and directed
23to the chairman of the board.
24    (d) No member of a travel control board may receive
25additional compensation for his service as a member.
26    (e) A report of the travel reimbursement claims reviewed by

 

 

10000HB1292ham001- 75 -LRB100 02980 AXK 38413 a

1each travel control board shall be submitted to the Legislative
2Audit Commission at least once each quarter and that Commission
3shall comment on all such reports in its annual reports to the
4General Assembly.
5(Source: P.A. 97-333, eff. 8-12-11.)
 
6    (30 ILCS 105/13.2)  (from Ch. 127, par. 149.2)
7    Sec. 13.2. Transfers among line item appropriations.
8    (a) Transfers among line item appropriations from the same
9treasury fund for the objects specified in this Section may be
10made in the manner provided in this Section when the balance
11remaining in one or more such line item appropriations is
12insufficient for the purpose for which the appropriation was
13made.
14    (a-1) No transfers may be made from one agency to another
15agency, nor may transfers be made from one institution of
16higher education to another institution of higher education
17except as provided by subsection (a-4).
18    (a-2) Except as otherwise provided in this Section,
19transfers may be made only among the objects of expenditure
20enumerated in this Section, except that no funds may be
21transferred from any appropriation for personal services, from
22any appropriation for State contributions to the State
23Employees' Retirement System, from any separate appropriation
24for employee retirement contributions paid by the employer, nor
25from any appropriation for State contribution for employee

 

 

10000HB1292ham001- 76 -LRB100 02980 AXK 38413 a

1group insurance. During State fiscal year 2005, an agency may
2transfer amounts among its appropriations within the same
3treasury fund for personal services, employee retirement
4contributions paid by employer, and State Contributions to
5retirement systems; notwithstanding and in addition to the
6transfers authorized in subsection (c) of this Section, the
7fiscal year 2005 transfers authorized in this sentence may be
8made in an amount not to exceed 2% of the aggregate amount
9appropriated to an agency within the same treasury fund. During
10State fiscal year 2007, the Departments of Children and Family
11Services, Corrections, Human Services, and Juvenile Justice
12may transfer amounts among their respective appropriations
13within the same treasury fund for personal services, employee
14retirement contributions paid by employer, and State
15contributions to retirement systems. During State fiscal year
162010, the Department of Transportation may transfer amounts
17among their respective appropriations within the same treasury
18fund for personal services, employee retirement contributions
19paid by employer, and State contributions to retirement
20systems. During State fiscal years 2010 and 2014 only, an
21agency may transfer amounts among its respective
22appropriations within the same treasury fund for personal
23services, employee retirement contributions paid by employer,
24and State contributions to retirement systems.
25Notwithstanding, and in addition to, the transfers authorized
26in subsection (c) of this Section, these transfers may be made

 

 

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1in an amount not to exceed 2% of the aggregate amount
2appropriated to an agency within the same treasury fund.
3    (a-2.5) During State fiscal year 2015 only, the State's
4Attorneys Appellate Prosecutor may transfer amounts among its
5respective appropriations contained in operational line items
6within the same treasury fund. Notwithstanding, and in addition
7to, the transfers authorized in subsection (c) of this Section,
8these transfers may be made in an amount not to exceed 4% of
9the aggregate amount appropriated to the State's Attorneys
10Appellate Prosecutor within the same treasury fund.
11    (a-3) Further, if an agency receives a separate
12appropriation for employee retirement contributions paid by
13the employer, any transfer by that agency into an appropriation
14for personal services must be accompanied by a corresponding
15transfer into the appropriation for employee retirement
16contributions paid by the employer, in an amount sufficient to
17meet the employer share of the employee contributions required
18to be remitted to the retirement system.
19    (a-4) Long-Term Care Rebalancing. The Governor may
20designate amounts set aside for institutional services
21appropriated from the General Revenue Fund or any other State
22fund that receives monies for long-term care services to be
23transferred to all State agencies responsible for the
24administration of community-based long-term care programs,
25including, but not limited to, community-based long-term care
26programs administered by the Department of Healthcare and

 

 

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1Family Services, the Department of Human Services, and the
2Department on Aging, provided that the Director of Healthcare
3and Family Services first certifies that the amounts being
4transferred are necessary for the purpose of assisting persons
5in or at risk of being in institutional care to transition to
6community-based settings, including the financial data needed
7to prove the need for the transfer of funds. The total amounts
8transferred shall not exceed 4% in total of the amounts
9appropriated from the General Revenue Fund or any other State
10fund that receives monies for long-term care services for each
11fiscal year. A notice of the fund transfer must be made to the
12General Assembly and posted at a minimum on the Department of
13Healthcare and Family Services website, the Governor's Office
14of Management and Budget website, and any other website the
15Governor sees fit. These postings shall serve as notice to the
16General Assembly of the amounts to be transferred. Notice shall
17be given at least 30 days prior to transfer.
18    (b) In addition to the general transfer authority provided
19under subsection (c), the following agencies have the specific
20transfer authority granted in this subsection:
21    The Department of Healthcare and Family Services is
22authorized to make transfers representing savings attributable
23to not increasing grants due to the births of additional
24children from line items for payments of cash grants to line
25items for payments for employment and social services for the
26purposes outlined in subsection (f) of Section 4-2 of the

 

 

10000HB1292ham001- 79 -LRB100 02980 AXK 38413 a

1Illinois Public Aid Code.
2    The Department of Children and Family Services is
3authorized to make transfers not exceeding 2% of the aggregate
4amount appropriated to it within the same treasury fund for the
5following line items among these same line items: Foster Home
6and Specialized Foster Care and Prevention, Institutions and
7Group Homes and Prevention, and Purchase of Adoption and
8Guardianship Services.
9    The Department on Aging is authorized to make transfers not
10exceeding 2% of the aggregate amount appropriated to it within
11the same treasury fund for the following Community Care Program
12line items among these same line items: purchase of services
13covered by the Community Care Program and Comprehensive Case
14Coordination.
15    The State Treasurer is authorized to make transfers among
16line item appropriations from the Capital Litigation Trust
17Fund, with respect to costs incurred in fiscal years 2002 and
182003 only, when the balance remaining in one or more such line
19item appropriations is insufficient for the purpose for which
20the appropriation was made, provided that no such transfer may
21be made unless the amount transferred is no longer required for
22the purpose for which that appropriation was made.
23    The State Board of Education is authorized to make
24transfers from line item appropriations within the same
25treasury fund for General State Aid, General State Aid - Hold
26Harmless, and Evidence-Based Funding, provided that no such

 

 

10000HB1292ham001- 80 -LRB100 02980 AXK 38413 a

1transfer may be made unless the amount transferred is no longer
2required for the purpose for which that appropriation was made,
3to the line item appropriation for Transitional Assistance when
4the balance remaining in such line item appropriation is
5insufficient for the purpose for which the appropriation was
6made.
7    The State Board of Education is authorized to make
8transfers between the following line item appropriations
9within the same treasury fund: Disabled Student
10Services/Materials (Section 14-13.01 of the School Code),
11Disabled Student Transportation Reimbursement (Section
1214-13.01 of the School Code), Disabled Student Tuition -
13Private Tuition (Section 14-7.02 of the School Code),
14Extraordinary Special Education (Section 14-7.02b of the
15School Code), Reimbursement for Free Lunch/Breakfast Program,
16Summer School Payments (Section 18-4.3 of the School Code), and
17Transportation - Regular/Vocational Reimbursement (Section
1829-5 of the School Code). Such transfers shall be made only
19when the balance remaining in one or more such line item
20appropriations is insufficient for the purpose for which the
21appropriation was made and provided that no such transfer may
22be made unless the amount transferred is no longer required for
23the purpose for which that appropriation was made.
24    The Department of Healthcare and Family Services is
25authorized to make transfers not exceeding 4% of the aggregate
26amount appropriated to it, within the same treasury fund, among

 

 

10000HB1292ham001- 81 -LRB100 02980 AXK 38413 a

1the various line items appropriated for Medical Assistance.
2    (c) The sum of such transfers for an agency in a fiscal
3year shall not exceed 2% of the aggregate amount appropriated
4to it within the same treasury fund for the following objects:
5Personal Services; Extra Help; Student and Inmate
6Compensation; State Contributions to Retirement Systems; State
7Contributions to Social Security; State Contribution for
8Employee Group Insurance; Contractual Services; Travel;
9Commodities; Printing; Equipment; Electronic Data Processing;
10Operation of Automotive Equipment; Telecommunications
11Services; Travel and Allowance for Committed, Paroled and
12Discharged Prisoners; Library Books; Federal Matching Grants
13for Student Loans; Refunds; Workers' Compensation,
14Occupational Disease, and Tort Claims; and, in appropriations
15to institutions of higher education, Awards and Grants.
16Notwithstanding the above, any amounts appropriated for
17payment of workers' compensation claims to an agency to which
18the authority to evaluate, administer and pay such claims has
19been delegated by the Department of Central Management Services
20may be transferred to any other expenditure object where such
21amounts exceed the amount necessary for the payment of such
22claims.
23    (c-1) Special provisions for State fiscal year 2003.
24Notwithstanding any other provision of this Section to the
25contrary, for State fiscal year 2003 only, transfers among line
26item appropriations to an agency from the same treasury fund

 

 

10000HB1292ham001- 82 -LRB100 02980 AXK 38413 a

1may be made provided that the sum of such transfers for an
2agency in State fiscal year 2003 shall not exceed 3% of the
3aggregate amount appropriated to that State agency for State
4fiscal year 2003 for the following objects: personal services,
5except that no transfer may be approved which reduces the
6aggregate appropriations for personal services within an
7agency; extra help; student and inmate compensation; State
8contributions to retirement systems; State contributions to
9social security; State contributions for employee group
10insurance; contractual services; travel; commodities;
11printing; equipment; electronic data processing; operation of
12automotive equipment; telecommunications services; travel and
13allowance for committed, paroled, and discharged prisoners;
14library books; federal matching grants for student loans;
15refunds; workers' compensation, occupational disease, and tort
16claims; and, in appropriations to institutions of higher
17education, awards and grants.
18    (c-2) Special provisions for State fiscal year 2005.
19Notwithstanding subsections (a), (a-2), and (c), for State
20fiscal year 2005 only, transfers may be made among any line
21item appropriations from the same or any other treasury fund
22for any objects or purposes, without limitation, when the
23balance remaining in one or more such line item appropriations
24is insufficient for the purpose for which the appropriation was
25made, provided that the sum of those transfers by a State
26agency shall not exceed 4% of the aggregate amount appropriated

 

 

10000HB1292ham001- 83 -LRB100 02980 AXK 38413 a

1to that State agency for fiscal year 2005.
2    (c-3) Special provisions for State fiscal year 2015.
3Notwithstanding any other provision of this Section, for State
4fiscal year 2015, transfers among line item appropriations to a
5State agency from the same State treasury fund may be made for
6operational or lump sum expenses only, provided that the sum of
7such transfers for a State agency in State fiscal year 2015
8shall not exceed 4% of the aggregate amount appropriated to
9that State agency for operational or lump sum expenses for
10State fiscal year 2015. For the purpose of this subsection,
11"operational or lump sum expenses" includes the following
12objects: personal services; extra help; student and inmate
13compensation; State contributions to retirement systems; State
14contributions to social security; State contributions for
15employee group insurance; contractual services; travel;
16commodities; printing; equipment; electronic data processing;
17operation of automotive equipment; telecommunications
18services; travel and allowance for committed, paroled, and
19discharged prisoners; library books; federal matching grants
20for student loans; refunds; workers' compensation,
21occupational disease, and tort claims; lump sum and other
22purposes; and lump sum operations. For the purpose of this
23subsection (c-3), "State agency" does not include the Attorney
24General, the Secretary of State, the Comptroller, the
25Treasurer, or the legislative or judicial branches.
26    (c-4) Special provisions for State fiscal year 2018.

 

 

10000HB1292ham001- 84 -LRB100 02980 AXK 38413 a

1Notwithstanding any other provision of this Section, for State
2fiscal year 2018, transfers among line item appropriations to a
3State agency from the same State treasury fund may be made for
4operational or lump sum expenses only, provided that the sum of
5such transfers for a State agency in State fiscal year 2018
6shall not exceed 4% of the aggregate amount appropriated to
7that State agency for operational or lump sum expenses for
8State fiscal year 2018. For the purpose of this subsection
9(c-4), "operational or lump sum expenses" includes the
10following objects: personal services; extra help; student and
11inmate compensation; State contributions to retirement
12systems; State contributions to social security; State
13contributions for employee group insurance; contractual
14services; travel; commodities; printing; equipment; electronic
15data processing; operation of automotive equipment;
16telecommunications services; travel and allowance for
17committed, paroled, and discharged prisoners; library books;
18federal matching grants for student loans; refunds; workers'
19compensation, occupational disease, and tort claims; lump sum
20and other purposes; and lump sum operations. For the purpose of
21this subsection (c-4), "State agency" does not include the
22Attorney General, the Secretary of State, the Comptroller, the
23Treasurer, or the legislative or judicial branches.
24    (d) Transfers among appropriations made to agencies of the
25Legislative and Judicial departments and to the
26constitutionally elected officers in the Executive branch

 

 

10000HB1292ham001- 85 -LRB100 02980 AXK 38413 a

1require the approval of the officer authorized in Section 10 of
2this Act to approve and certify vouchers. Transfers among
3appropriations made to the University of Illinois, Southern
4Illinois University at Carbondale, Southern Illinois
5University at Edwardsville, Chicago State University, Eastern
6Illinois University, Governors State University, Illinois
7State University, Northeastern Illinois University, Northern
8Illinois University, Western Illinois University, the Illinois
9Mathematics and Science Academy and the Board of Higher
10Education require the approval of the Board of Higher Education
11and the Governor. Transfers among appropriations to all other
12agencies require the approval of the Governor.
13    The officer responsible for approval shall certify that the
14transfer is necessary to carry out the programs and purposes
15for which the appropriations were made by the General Assembly
16and shall transmit to the State Comptroller a certified copy of
17the approval which shall set forth the specific amounts
18transferred so that the Comptroller may change his records
19accordingly. The Comptroller shall furnish the Governor with
20information copies of all transfers approved for agencies of
21the Legislative and Judicial departments and transfers
22approved by the constitutionally elected officials of the
23Executive branch other than the Governor, showing the amounts
24transferred and indicating the dates such changes were entered
25on the Comptroller's records.
26    (e) The State Board of Education, in consultation with the

 

 

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1State Comptroller, may transfer line item appropriations for
2General State Aid or Evidence-Based Funding between the Common
3School Fund and the Education Assistance Fund. With the advice
4and consent of the Governor's Office of Management and Budget,
5the State Board of Education, in consultation with the State
6Comptroller, may transfer line item appropriations between the
7General Revenue Fund and the Education Assistance Fund for the
8following programs:
9        (1) Disabled Student Personnel Reimbursement (Section
10    14-13.01 of the School Code);
11        (2) Disabled Student Transportation Reimbursement
12    (subsection (b) of Section 14-13.01 of the School Code);
13        (3) Disabled Student Tuition - Private Tuition
14    (Section 14-7.02 of the School Code);
15        (4) Extraordinary Special Education (Section 14-7.02b
16    of the School Code);
17        (5) Reimbursement for Free Lunch/Breakfast Programs;
18        (6) Summer School Payments (Section 18-4.3 of the
19    School Code);
20        (7) Transportation - Regular/Vocational Reimbursement
21    (Section 29-5 of the School Code);
22        (8) Regular Education Reimbursement (Section 18-3 of
23    the School Code); and
24        (9) Special Education Reimbursement (Section 14-7.03
25    of the School Code).
26(Source: P.A. 99-2, eff. 3-26-15; 100-23, eff. 7-6-17; 100-465,

 

 

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1eff. 8-31-17; revised 10-4-17.)
 
2    (30 ILCS 105/13.5)
3    Sec. 13.5. Appropriations for education.
4    (a) Except for the State fiscal year beginning on July 1,
52009, State appropriations to the State Board of Education, the
6Board of Trustees of Southern Illinois University at
7Carbondale, the Board of Trustees of Southern Illinois
8University at Edwardsville, the Board of Trustees of the
9University of Illinois, the Board of Trustees of Chicago State
10University, the Board of Trustees of Eastern Illinois
11University, the Board of Trustees of Illinois State University,
12the Board of Trustees of Governors State University, the Board
13of Trustees of Northeastern Illinois University, the Board of
14Trustees of Northern Illinois University, and the Board of
15Trustees of Western Illinois University for operations shall
16identify the amounts appropriated for personal services, State
17contributions to social security for Medicare, contractual
18services, travel, commodities, equipment, operation of
19automotive equipment, telecommunications, awards and grants,
20and permanent improvements.
21    (b) Within 120 days after the conclusion of each fiscal
22year, each State-supported institution of higher learning must
23provide, through the Illinois Board of Higher Education, a
24financial report to the Governor and General Assembly
25documenting the institution's revenues and expenditures of

 

 

10000HB1292ham001- 88 -LRB100 02980 AXK 38413 a

1funds for that fiscal year ending June 30 for all funds.
2(Source: P.A. 96-45, eff. 7-15-09.)
 
3    Section 80. The State Officers and Employees Money
4Disposition Act is amended by changing Section 1 as follows:
 
5    (30 ILCS 230/1)  (from Ch. 127, par. 170)
6    Sec. 1. Application of Act; exemptions. The officers of the
7Executive Department of the State Government, the Clerk of the
8Supreme Court, the Clerks of the Appellate Courts, the
9Departments of the State government created by the Civil
10Administrative Code of Illinois, and all other officers,
11boards, commissions, commissioners, departments, institutions,
12arms or agencies, or agents of the Executive Department of the
13State government, except the University of Illinois, Southern
14Illinois University at Carbondale, Southern Illinois
15University at Edwardsville, Chicago State University, Eastern
16Illinois University, Governors State University, Illinois
17State University, Northeastern Illinois University, Northern
18Illinois University, Western Illinois University, the
19Cooperative Computer Center, and the Board of Trustees of the
20Illinois Bank Examiners' Education Foundation for moneys
21collected pursuant to subsection (11) of Section 48 of the
22Illinois Banking Act for purposes of the Illinois Bank
23Examiners' Education Program, are subject to this Act. This Act
24shall not apply, however, to any of the following: (i) the

 

 

10000HB1292ham001- 89 -LRB100 02980 AXK 38413 a

1receipt by any such officer of federal funds made available
2under such conditions as precluded the payment thereof into the
3State Treasury, (ii) (blank), (iii) the Director of Insurance
4in his capacity as rehabilitator or liquidator under Article
5XIII of the Illinois Insurance Code, (iv) funds received by the
6Illinois State Scholarship Commission from private firms
7employed by the State to collect delinquent amounts due and
8owing from a borrower on any loans guaranteed by such
9Commission under the Higher Education Student Assistance Law or
10on any "eligible loans" as that term is defined under the
11Education Loan Purchase Program Law, or (v) moneys collected on
12behalf of lessees of facilities of the Department of
13Agriculture located on the Illinois State Fairgrounds at
14Springfield and DuQuoin. This Section 1 shall not apply to the
15receipt of funds required to be deposited in the Industrial
16Project Fund pursuant to Section 12 of the Rehabilitation of
17Persons with Disabilities Act.
18(Source: P.A. 99-143, eff. 7-27-15.)
 
19    Section 85. The Public Funds Investment Act is amended by
20changing Section 6 as follows:
 
21    (30 ILCS 235/6)  (from Ch. 85, par. 906)
22    Sec. 6. Report of financial institutions.
23    (a) No bank shall receive any public funds unless it has
24furnished the corporate authorities of a public agency

 

 

10000HB1292ham001- 90 -LRB100 02980 AXK 38413 a

1submitting a deposit with copies of the last two sworn
2statements of resources and liabilities which the bank is
3required to furnish to the Commissioner of Banks and Real
4Estate or to the Comptroller of the Currency. Each bank
5designated as a depository for public funds shall, while acting
6as such depository, furnish the corporate authorities of a
7public agency with a copy of all statements of resources and
8liabilities which it is required to furnish to the Commissioner
9of Banks and Real Estate or to the Comptroller of the Currency;
10provided, that if such funds or moneys are deposited in a bank,
11the amount of all such deposits not collateralized or insured
12by an agency of the federal government shall not exceed 75% of
13the capital stock and surplus of such bank, and the corporate
14authorities of a public agency submitting a deposit shall not
15be discharged from responsibility for any funds or moneys
16deposited in any bank in excess of such limitation.
17    (b) No savings bank or savings and loan association shall
18receive public funds unless it has furnished the corporate
19authorities of a public agency submitting a deposit with copies
20of the last 2 sworn statements of resources and liabilities
21which the savings bank or savings and loan association is
22required to furnish to the Commissioner of Banks and Real
23Estate or the Federal Deposit Insurance Corporation. Each
24savings bank or savings and loan association designated as a
25depository for public funds shall, while acting as such
26depository, furnish the corporate authorities of a public

 

 

10000HB1292ham001- 91 -LRB100 02980 AXK 38413 a

1agency with a copy of all statements of resources and
2liabilities which it is required to furnish to the Commissioner
3of Banks and Real Estate or the Federal Deposit Insurance
4Corporation; provided, that if such funds or moneys are
5deposited in a savings bank or savings and loan association,
6the amount of all such deposits not collateralized or insured
7by an agency of the federal government shall not exceed 75% of
8the net worth of such savings bank or savings and loan
9association as defined by the Federal Deposit Insurance
10Corporation, and the corporate authorities of a public agency
11submitting a deposit shall not be discharged from
12responsibility for any funds or moneys deposited in any savings
13bank or savings and loan association in excess of such
14limitation.
15    (c) No credit union shall receive public funds unless it
16has furnished the corporate authorities of a public agency
17submitting a share deposit with copies of the last two reports
18of examination prepared by or submitted to the Illinois
19Department of Financial Institutions or the National Credit
20Union Administration. Each credit union designated as a
21depository for public funds shall, while acting as such
22depository, furnish the corporate authorities of a public
23agency with a copy of all reports of examination prepared by or
24furnished to the Illinois Department of Financial Institutions
25or the National Credit Union Administration; provided that if
26such funds or moneys are invested in a credit union account,

 

 

10000HB1292ham001- 92 -LRB100 02980 AXK 38413 a

1the amount of all such investments not collateralized or
2insured by an agency of the federal government or other
3approved share insurer shall not exceed 50% of the unimpaired
4capital and surplus of such credit union, which shall include
5shares, reserves and undivided earnings and the corporate
6authorities of a public agency making an investment shall not
7be discharged from responsibility for any funds or moneys
8invested in a credit union in excess of such limitation.
9    (d) Whenever a public agency deposits any public funds in a
10financial institution, the public agency may enter into an
11agreement with the financial institution requiring any funds
12not insured by the Federal Deposit Insurance Corporation or the
13National Credit Union Administration or other approved share
14insurer to be collateralized by any of the following classes of
15securities, provided there has been no default in the payment
16of principal or interest thereon:
17        (1) Bonds, notes, or other securities constituting
18    direct and general obligations of the United States, the
19    bonds, notes, or other securities constituting the direct
20    and general obligation of any agency or instrumentality of
21    the United States, the interest and principal of which is
22    unconditionally guaranteed by the United States, and
23    bonds, notes, or other securities or evidence of
24    indebtedness constituting the obligation of a U.S. agency
25    or instrumentality.
26        (2) Direct and general obligation bonds of the State of

 

 

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1    Illinois or of any other state of the United States.
2        (3) Revenue bonds of this State or any authority,
3    board, commission, or similar agency thereof.
4        (4) Direct and general obligation bonds of any city,
5    town, county, school district, or other taxing body of any
6    state, the debt service of which is payable from general ad
7    valorem taxes.
8        (5) Revenue bonds of any city, town, county, or school
9    district of the State of Illinois.
10        (6) Obligations issued, assumed, or guaranteed by the
11    International Finance Corporation, the principal of which
12    is not amortized during the life of the obligation, but no
13    such obligation shall be accepted at more than 90% of its
14    market value.
15        (7) Illinois Affordable Housing Program Trust Fund
16    Bonds or Notes as defined in and issued pursuant to the
17    Illinois Housing Development Act.
18        (8) In an amount equal to at least market value of that
19    amount of funds deposited exceeding the insurance
20    limitation provided by the Federal Deposit Insurance
21    Corporation or the National Credit Union Administration or
22    other approved share insurer: (i) securities, (ii)
23    mortgages, (iii) letters of credit issued by a Federal Home
24    Loan Bank, or (iv) loans covered by a State Guarantee under
25    the Illinois Farm Development Act, if that guarantee has
26    been assumed by the Illinois Finance Authority under

 

 

10000HB1292ham001- 94 -LRB100 02980 AXK 38413 a

1    Section 845-75 of the Illinois Finance Authority Act, and
2    loans covered by a State Guarantee under Article 830 of the
3    Illinois Finance Authority Act.
4        (9) Certificates of deposit or share certificates
5    issued to the depository institution pledging them as
6    security. The public agency may require security in the
7    amount of 125% of the value of the public agency deposit.
8    Such certificate of deposit or share certificate shall:
9            (i) be fully insured by the Federal Deposit
10        Insurance Corporation, the Federal Savings and Loan
11        Insurance Corporation, or the National Credit Union
12        Share Insurance Fund or issued by a depository
13        institution which is rated within the 3 highest
14        classifications established by at least one of the 2
15        standard rating services;
16            (ii) be issued by a financial institution having
17        assets of $15,000,000 or more; and
18            (iii) be issued by either a savings and loan
19        association having a capital to asset ratio of at least
20        2%, by a bank having a capital to asset ratio of at
21        least 6% or by a credit union having a capital to asset
22        ratio of at least 4%.
23    The depository institution shall effect the assignment of
24the certificate of deposit or share certificate to the public
25agency and shall agree that, in the event the issuer of the
26certificate fails to maintain the capital to asset ratio

 

 

10000HB1292ham001- 95 -LRB100 02980 AXK 38413 a

1required by this Section, such certificate of deposit or share
2certificate shall be replaced by additional suitable security.
3    (e) The public agency may accept a system established by
4the State Treasurer to aggregate permissible securities
5received as collateral from financial institutions in a
6collateral pool to secure public deposits of the institutions
7that have pledged securities to the pool.
8    (f) The public agency may at any time declare any
9particular security ineligible to qualify as collateral when,
10in the public agency's judgment, it is deemed desirable to do
11so.
12    (g) Notwithstanding any other provision of this Section, as
13security a public agency may, at its discretion, accept a bond,
14executed by a company authorized to transact the kinds of
15business described in clause (g) of Section 4 of the Illinois
16Insurance Code, in an amount not less than the amount of the
17deposits required by this Section to be secured, payable to the
18public agency for the benefit of the People of the unit of
19government, in a form that is acceptable to the public agency.
20    (h) Paragraphs (a), (b), (c), (d), (e), (f), and (g) of
21this Section do not apply to the University of Illinois,
22Southern Illinois University at Carbondale, Southern Illinois
23University at Edwardsville, Chicago State University, Eastern
24Illinois University, Governors State University, Illinois
25State University, Northeastern Illinois University, Northern
26Illinois University, Western Illinois University, the

 

 

10000HB1292ham001- 96 -LRB100 02980 AXK 38413 a

1Cooperative Computer Center and public community colleges.
2(Source: P.A. 95-331, eff. 8-21-07.)
 
3    Section 90. The Educational Institution Bond Authorization
4Act is amended by changing Section 1 as follows:
 
5    (30 ILCS 395/1)  (from Ch. 127, par. 307)
6    Sec. 1. The State of Illinois is authorized to issue and
7sell and provide for the retirement of bonds of the State of
8Illinois to the amount of $195,000,000 for the purpose of
9providing funds in order to relieve overcrowded conditions by
10making permanent improvements at educational institutions
11owned by this State which are now under the jurisdiction,
12management and control of the Board of Trustees of the
13University of Illinois, the Board of Trustees of Southern
14Illinois University at Carbondale, the Board of Trustees of
15Southern Illinois University at Edwardsville, the Board of
16Trustees of Chicago State University, the Board of Trustees of
17Eastern Illinois University, the Board of Trustees of Governors
18State University, the Board of Trustees of Illinois State
19University, the Board of Trustees of Northeastern Illinois
20University, the Board of Trustees of Northern Illinois
21University, and the Board of Trustees of Western Illinois
22University.
23(Source: P.A. 89-4, eff. 1-1-96.)
 

 

 

10000HB1292ham001- 97 -LRB100 02980 AXK 38413 a

1    Section 95. The Illinois Procurement Code is amended by
2changing Sections 1-13, 1-15.100, 50-13, and 50-37 as follows:
 
3    (30 ILCS 500/1-13)
4    Sec. 1-13. Applicability to public institutions of higher
5education.
6    (a) This Code shall apply to public institutions of higher
7education, regardless of the source of the funds with which
8contracts are paid, except as provided in this Section.
9    (b) Except as provided in this Section, this Code shall not
10apply to procurements made by or on behalf of public
11institutions of higher education for any of the following:
12        (1) Memberships in professional, academic, research,
13    or athletic organizations on behalf of a public institution
14    of higher education, an employee of a public institution of
15    higher education, or a student at a public institution of
16    higher education.
17        (2) Procurement expenditures for events or activities
18    paid for exclusively by revenues generated by the event or
19    activity, gifts or donations for the event or activity,
20    private grants, or any combination thereof.
21        (3) Procurement expenditures for events or activities
22    for which the use of specific potential contractors is
23    mandated or identified by the sponsor of the event or
24    activity, provided that the sponsor is providing a majority
25    of the funding for the event or activity.

 

 

10000HB1292ham001- 98 -LRB100 02980 AXK 38413 a

1        (4) Procurement expenditures necessary to provide
2    athletic, artistic or musical services, performances,
3    events, or productions by or for a public institution of
4    higher education.
5        (5) Procurement expenditures for periodicals, books,
6    subscriptions, database licenses, and other publications
7    procured for use by a university library or academic
8    department, except for expenditures related to procuring
9    textbooks for student use or materials for resale or
10    rental.
11        (6) Procurement expenditures for placement of students
12    in externships, practicums, field experiences, and for
13    medical residencies and rotations.
14        (7) Contracts for programming and broadcast license
15    rights for university-operated radio and television
16    stations.
17        (8) Procurement expenditures necessary to perform
18    sponsored research and other sponsored activities under
19    grants and contracts funded by the sponsor or by sources
20    other than State appropriations.
21        (9) Contracts with a foreign entity for research or
22    educational activities, provided that the foreign entity
23    either does not maintain an office in the United States or
24    is the sole source of the service or product.
25Notice of each contract entered into by a public institution of
26higher education that is related to the procurement of goods

 

 

10000HB1292ham001- 99 -LRB100 02980 AXK 38413 a

1and services identified in items (1) through (9) of this
2subsection shall be published in the Procurement Bulletin
3within 14 calendar days after contract execution. The Chief
4Procurement Officer shall prescribe the form and content of the
5notice. Each public institution of higher education shall
6provide the Chief Procurement Officer, on a monthly basis, in
7the form and content prescribed by the Chief Procurement
8Officer, a report of contracts that are related to the
9procurement of goods and services identified in this
10subsection. At a minimum, this report shall include the name of
11the contractor, a description of the supply or service
12provided, the total amount of the contract, the term of the
13contract, and the exception to the Code utilized. A copy of any
14or all of these contracts shall be made available to the Chief
15Procurement Officer immediately upon request. The Chief
16Procurement Officer shall submit a report to the Governor and
17General Assembly no later than November 1 of each year that
18shall include, at a minimum, an annual summary of the monthly
19information reported to the Chief Procurement Officer.
20    (b-5) Except as provided in this subsection, the provisions
21of this Code shall not apply to contracts for medical supplies,
22and to contracts for medical services necessary for the
23delivery of care and treatment at medical, dental, or
24veterinary teaching facilities utilized by Southern Illinois
25University or the University of Illinois and at any
26university-operated health care center or dispensary that

 

 

10000HB1292ham001- 100 -LRB100 02980 AXK 38413 a

1provides care, treatment, and medications for students,
2faculty and staff. Other supplies and services needed for these
3teaching facilities shall be subject to the jurisdiction of the
4Chief Procurement Officer for Public Institutions of Higher
5Education who may establish expedited procurement procedures
6and may waive or modify certification, contract, hearing,
7process and registration requirements required by the Code. All
8procurements made under this subsection shall be documented and
9may require publication in the Illinois Procurement Bulletin.
10    (c) Procurements made by or on behalf of public
11institutions of higher education for the fulfillment of a grant
12shall be made in accordance with the requirements of this Code
13to the extent practical.
14    Upon the written request of a public institution of higher
15education, the Chief Procurement Officer may waive contract,
16registration, certification, and hearing requirements of this
17Code if, based on the item to be procured or the terms of a
18grant, compliance is impractical. The public institution of
19higher education shall provide the Chief Procurement Officer
20with specific reasons for the waiver, including the necessity
21of contracting with a particular potential contractor, and
22shall certify that an effort was made in good faith to comply
23with the provisions of this Code. The Chief Procurement Officer
24shall provide written justification for any waivers. By
25November 1 of each year, the Chief Procurement Officer shall
26file a report with the General Assembly identifying each

 

 

10000HB1292ham001- 101 -LRB100 02980 AXK 38413 a

1contract approved with waivers and providing the justification
2given for any waivers for each of those contracts. Notice of
3each waiver made under this subsection shall be published in
4the Procurement Bulletin within 14 calendar days after contract
5execution. The Chief Procurement Officer shall prescribe the
6form and content of the notice.
7    (d) Notwithstanding this Section, a waiver of the
8registration requirements of Section 20-160 does not permit a
9business entity and any affiliated entities or affiliated
10persons to make campaign contributions if otherwise prohibited
11by Section 50-37. The total amount of contracts awarded in
12accordance with this Section shall be included in determining
13the aggregate amount of contracts or pending bids of a business
14entity and any affiliated entities or affiliated persons.
15    (e) Notwithstanding subsection (e) of Section 50-10.5 of
16this Code, the Chief Procurement Officer, with the approval of
17the Executive Ethics Commission, may permit a public
18institution of higher education to accept a bid or enter into a
19contract with a business that assisted the public institution
20of higher education in determining whether there is a need for
21a contract or assisted in reviewing, drafting, or preparing
22documents related to a bid or contract, provided that the bid
23or contract is essential to research administered by the public
24institution of higher education and it is in the best interest
25of the public institution of higher education to accept the bid
26or contract. For purposes of this subsection, "business"

 

 

10000HB1292ham001- 102 -LRB100 02980 AXK 38413 a

1includes all individuals with whom a business is affiliated,
2including, but not limited to, any officer, agent, employee,
3consultant, independent contractor, director, partner,
4manager, or shareholder of a business. The Executive Ethics
5Commission may promulgate rules and regulations for the
6implementation and administration of the provisions of this
7subsection (e).
8    (f) As used in this Section:
9    "Grant" means non-appropriated funding provided by a
10federal or private entity to support a project or program
11administered by a public institution of higher education and
12any non-appropriated funding provided to a sub-recipient of the
13grant.
14    "Public institution of higher education" means Chicago
15State University, Eastern Illinois University, Governors State
16University, Illinois State University, Northeastern Illinois
17University, Northern Illinois University, Southern Illinois
18University at Carbondale, Southern Illinois University at
19Edwardsville, University of Illinois, Western Illinois
20University, and, for purposes of this Code only, the Illinois
21Mathematics and Science Academy.
22    (g) (Blank).
23    (h) The General Assembly finds and declares that:
24        (1) Public Act 98-1076, which took effect on January 1,
25    2015, changed the repeal date set for this Section from
26    December 31, 2014 to December 31, 2016.

 

 

10000HB1292ham001- 103 -LRB100 02980 AXK 38413 a

1        (2) The Statute on Statutes sets forth general rules on
2    the repeal of statutes and the construction of multiple
3    amendments, but Section 1 of that Act also states that
4    these rules will not be observed when the result would be
5    "inconsistent with the manifest intent of the General
6    Assembly or repugnant to the context of the statute".
7        (3) This amendatory Act of the 100th General Assembly
8    manifests the intention of the General Assembly to remove
9    the repeal of this Section.
10        (4) This Section was originally enacted to protect,
11    promote, and preserve the general welfare. Any
12    construction of this Section that results in the repeal of
13    this Section on December 31, 2014 would be inconsistent
14    with the manifest intent of the General Assembly and
15    repugnant to the context of this Code.
16    It is hereby declared to have been the intent of the
17General Assembly that this Section not be subject to repeal on
18December 31, 2014.
19    This Section shall be deemed to have been in continuous
20effect since December 20, 2011 (the effective date of Public
21Act 97-643), and it shall continue to be in effect henceforward
22until it is otherwise lawfully repealed. All previously enacted
23amendments to this Section taking effect on or after December
2431, 2014, are hereby validated.
25    All actions taken in reliance on or pursuant to this
26Section by any public institution of higher education, person,

 

 

10000HB1292ham001- 104 -LRB100 02980 AXK 38413 a

1or entity are hereby validated.
2    In order to ensure the continuing effectiveness of this
3Section, it is set forth in full and re-enacted by this
4amendatory Act of the 100th General Assembly. This re-enactment
5is intended as a continuation of this Section. It is not
6intended to supersede any amendment to this Section that is
7enacted by the 100th General Assembly.
8    In this amendatory Act of the 100th General Assembly, the
9base text of the reenacted Section is set forth as amended by
10Public Act 98-1076. Striking and underscoring is used only to
11show changes being made to the base text.
12    This Section applies to all procurements made on or before
13the effective date of this amendatory Act of the 100th General
14Assembly.
15(Source: P.A. 100-43, eff. 8-9-17.)
 
16    (30 ILCS 500/1-15.100)
17    Sec. 1-15.100. State agency. "State agency" means and
18includes all boards, commissions, agencies, institutions,
19authorities, and bodies politic and corporate of the State,
20created by or in accordance with the constitution or statute,
21of the executive branch of State government and does include
22colleges, universities, and institutions under the
23jurisdiction of the governing boards of the University of
24Illinois, Southern Illinois University at Carbondale, Southern
25Illinois University at Edwardsville, Illinois State

 

 

10000HB1292ham001- 105 -LRB100 02980 AXK 38413 a

1University, Eastern Illinois University, Northern Illinois
2University, Western Illinois University, Chicago State
3University, Governor State University, Northeastern Illinois
4University, and the Board of Higher Education. However, this
5term does not apply to public employee retirement systems or
6investment boards that are subject to fiduciary duties imposed
7by the Illinois Pension Code or to the University of Illinois
8Foundation. "State agency" does not include units of local
9government, school districts, community colleges under the
10Public Community College Act, and the Illinois Comprehensive
11Health Insurance Board.
12(Source: P.A. 90-572, eff. 2-6-98.)
 
13    (30 ILCS 500/50-13)
14    Sec. 50-13. Conflicts of interest.
15    (a) Prohibition. It is unlawful for any person holding an
16elective office in this State, holding a seat in the General
17Assembly, or appointed to or employed in any of the offices or
18agencies of State government and who receives compensation for
19such employment in excess of 60% of the salary of the Governor
20of the State of Illinois, or who is an officer or employee of
21the Capital Development Board or the Illinois Toll Highway
22Authority, or who is the spouse or minor child of any such
23person to have or acquire any contract, or any direct pecuniary
24interest in any contract therein, whether for stationery,
25printing, paper, or any services, materials, or supplies, that

 

 

10000HB1292ham001- 106 -LRB100 02980 AXK 38413 a

1will be wholly or partially satisfied by the payment of funds
2appropriated by the General Assembly of the State of Illinois
3or in any contract of the Capital Development Board or the
4Illinois Toll Highway Authority.
5    (b) Interests. It is unlawful for any firm, partnership,
6association, or corporation, in which any person listed in
7subsection (a) is entitled to receive (i) more than 7 1/2% of
8the total distributable income or (ii) an amount in excess of
9the salary of the Governor, to have or acquire any such
10contract or direct pecuniary interest therein.
11    (c) Combined interests. It is unlawful for any firm,
12partnership, association, or corporation, in which any person
13listed in subsection (a) together with his or her spouse or
14minor children is entitled to receive (i) more than 15%, in the
15aggregate, of the total distributable income or (ii) an amount
16in excess of 2 times the salary of the Governor, to have or
17acquire any such contract or direct pecuniary interest therein.
18    (c-5) Appointees and firms. In addition to any provisions
19of this Code, the interests of certain appointees and their
20firms are subject to Section 3A-35 of the Illinois Governmental
21Ethics Act.
22    (d) Securities. Nothing in this Section invalidates the
23provisions of any bond or other security previously offered or
24to be offered for sale or sold by or for the State of Illinois.
25    (e) Prior interests. This Section does not affect the
26validity of any contract made between the State and an officer

 

 

10000HB1292ham001- 107 -LRB100 02980 AXK 38413 a

1or employee of the State or member of the General Assembly, his
2or her spouse, minor child, or other immediate family member
3living in his or her residence or any combination of those
4persons if that contract was in existence before his or her
5election or employment as an officer, member, or employee. The
6contract is voidable, however, if it cannot be completed within
7365 calendar days after the officer, member, or employee takes
8office or is employed.
9    (f) Exceptions.
10        (1) Public aid payments. This Section does not apply to
11    payments made for a public aid recipient.
12        (2) Teaching. This Section does not apply to a contract
13    for personal services as a teacher or school administrator
14    between a member of the General Assembly or his or her
15    spouse, or a State officer or employee or his or her
16    spouse, and any school district, public community college
17    district, the University of Illinois, Southern Illinois
18    University at Carbondale, Southern Illinois University at
19    Edwardsville, Illinois State University, Eastern Illinois
20    University, Northern Illinois University, Western Illinois
21    University, Chicago State University, Governor State
22    University, or Northeastern Illinois University.
23        (3) Ministerial duties. This Section does not apply to
24    a contract for personal services of a wholly ministerial
25    character, including but not limited to services as a
26    laborer, clerk, typist, stenographer, page, bookkeeper,

 

 

10000HB1292ham001- 108 -LRB100 02980 AXK 38413 a

1    receptionist, or telephone switchboard operator, made by a
2    spouse or minor child of an elective or appointive State
3    officer or employee or of a member of the General Assembly.
4        (4) Child and family services. This Section does not
5    apply to payments made to a member of the General Assembly,
6    a State officer or employee, his or her spouse or minor
7    child acting as a foster parent, homemaker, advocate, or
8    volunteer for or in behalf of a child or family served by
9    the Department of Children and Family Services.
10        (5) Licensed professionals. Contracts with licensed
11    professionals, provided they are competitively bid or part
12    of a reimbursement program for specific, customary goods
13    and services through the Department of Children and Family
14    Services, the Department of Human Services, the Department
15    of Healthcare and Family Services, the Department of Public
16    Health, or the Department on Aging.
17    (g) Penalty. A person convicted of a violation of this
18Section is guilty of a business offense and shall be fined not
19less than $1,000 nor more than $5,000.
20(Source: P.A. 98-1076, eff. 1-1-15.)
 
21    (30 ILCS 500/50-37)
22    Sec. 50-37. Prohibition of political contributions.
23    (a) As used in this Section:
24        The terms "contract", "State contract", and "contract
25    with a State agency" each mean any contract, as defined in

 

 

10000HB1292ham001- 109 -LRB100 02980 AXK 38413 a

1    this Code, between a business entity and a State agency let
2    or awarded pursuant to this Code. The terms "contract",
3    "State contract", and "contract with a State agency" do not
4    include cost reimbursement contracts; purchase of care
5    agreements as defined in Section 1-15.68 of this Code;
6    contracts for projects eligible for full or partial
7    federal-aid funding reimbursements authorized by the
8    Federal Highway Administration; grants, including but are
9    not limited to grants for job training or transportation;
10    and grants, loans, or tax credit agreements for economic
11    development purposes.
12        "Contribution" means a contribution as defined in
13    Section 9-1.4 of the Election Code.
14        "Declared candidate" means a person who has filed a
15    statement of candidacy and petition for nomination or
16    election in the principal office of the State Board of
17    Elections.
18        "State agency" means and includes all boards,
19    commissions, agencies, institutions, authorities, and
20    bodies politic and corporate of the State, created by or in
21    accordance with the Illinois Constitution or State
22    statute, of the executive branch of State government and
23    does include colleges, universities, public employee
24    retirement systems, and institutions under the
25    jurisdiction of the governing boards of the University of
26    Illinois, Southern Illinois University at Carbondale,

 

 

10000HB1292ham001- 110 -LRB100 02980 AXK 38413 a

1    Southern Illinois University at Edwardsville, Illinois
2    State University, Eastern Illinois University, Northern
3    Illinois University, Western Illinois University, Chicago
4    State University, Governors State University, Northeastern
5    Illinois University, and the Illinois Board of Higher
6    Education.
7        "Officeholder" means the Governor, Lieutenant
8    Governor, Attorney General, Secretary of State,
9    Comptroller, or Treasurer. The Governor shall be
10    considered the officeholder responsible for awarding all
11    contracts by all officers and employees of, and potential
12    contractors and others doing business with, executive
13    branch State agencies under the jurisdiction of the
14    Executive Ethics Commission and not within the
15    jurisdiction of the Attorney General, the Secretary of
16    State, the Comptroller, or the Treasurer.
17        "Sponsoring entity" means a sponsoring entity as
18    defined in Section 9-3 of the Election Code.
19        "Affiliated person" means (i) any person with any
20    ownership interest or distributive share of the bidding or
21    contracting business entity in excess of 7.5%, (ii)
22    executive employees of the bidding or contracting business
23    entity, and (iii) the spouse of any such persons.
24    "Affiliated person" does not include a person prohibited by
25    federal law from making contributions or expenditures in
26    connection with a federal, state, or local election.

 

 

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1        "Affiliated entity" means (i) any corporate parent and
2    each operating subsidiary of the bidding or contracting
3    business entity, (ii) each operating subsidiary of the
4    corporate parent of the bidding or contracting business
5    entity, (iii) any organization recognized by the United
6    States Internal Revenue Service as a tax-exempt
7    organization described in Section 501(c) of the Internal
8    Revenue Code of 1986 (or any successor provision of federal
9    tax law) established by the bidding or contracting business
10    entity, any affiliated entity of that business entity, or
11    any affiliated person of that business entity, or (iv) any
12    political committee for which the bidding or contracting
13    business entity, or any 501(c) organization described in
14    item (iii) related to that business entity, is the
15    sponsoring entity. "Affiliated entity" does not include an
16    entity prohibited by federal law from making contributions
17    or expenditures in connection with a federal, state, or
18    local election.
19        "Business entity" means any entity doing business for
20    profit, whether organized as a corporation, partnership,
21    sole proprietorship, limited liability company or
22    partnership, or otherwise.
23        "Executive employee" means (i) the President,
24    Chairman, or Chief Executive Officer of a business entity
25    and any other individual that fulfills equivalent duties as
26    the President, Chairman of the Board, or Chief Executive

 

 

10000HB1292ham001- 112 -LRB100 02980 AXK 38413 a

1    Officer of a business entity; and (ii) any employee of a
2    business entity whose compensation is determined directly,
3    in whole or in part, by the award or payment of contracts
4    by a State agency to the entity employing the employee. A
5    regular salary that is paid irrespective of the award or
6    payment of a contract with a State agency shall not
7    constitute "compensation" under item (ii) of this
8    definition. "Executive employee" does not include any
9    person prohibited by federal law from making contributions
10    or expenditures in connection with a federal, state, or
11    local election.
12    (b) Any business entity whose contracts with State
13agencies, in the aggregate, annually total more than $50,000,
14and any affiliated entities or affiliated persons of such
15business entity, are prohibited from making any contributions
16to any political committees established to promote the
17candidacy of (i) the officeholder responsible for awarding the
18contracts or (ii) any other declared candidate for that office.
19This prohibition shall be effective for the duration of the
20term of office of the incumbent officeholder awarding the
21contracts or for a period of 2 years following the expiration
22or termination of the contracts, whichever is longer.
23    (c) Any business entity whose aggregate pending bids and
24offers on State contracts total more than $50,000, or whose
25aggregate pending bids and offers on State contracts combined
26with the business entity's aggregate annual total value of

 

 

10000HB1292ham001- 113 -LRB100 02980 AXK 38413 a

1State contracts exceed $50,000, and any affiliated entities or
2affiliated persons of such business entity, are prohibited from
3making any contributions to any political committee
4established to promote the candidacy of the officeholder
5responsible for awarding the contract on which the business
6entity has submitted a bid or offer during the period beginning
7on the date the invitation for bids, request for proposals, or
8any other procurement opportunity is issued and ending on the
9day after the date the contract is awarded.
10    (c-5) For the purposes of the prohibitions under
11subsections (b) and (c) of this Section, (i) any contribution
12made to a political committee established to promote the
13candidacy of the Governor or a declared candidate for the
14office of Governor shall also be considered as having been made
15to a political committee established to promote the candidacy
16of the Lieutenant Governor, in the case of the Governor, or the
17declared candidate for Lieutenant Governor having filed a joint
18petition, or write-in declaration of intent, with the declared
19candidate for Governor, as applicable, and (ii) any
20contribution made to a political committee established to
21promote the candidacy of the Lieutenant Governor or a declared
22candidate for the office of Lieutenant Governor shall also be
23considered as having been made to a political committee
24established to promote the candidacy of the Governor, in the
25case of the Lieutenant Governor, or the declared candidate for
26Governor having filed a joint petition, or write-in declaration

 

 

10000HB1292ham001- 114 -LRB100 02980 AXK 38413 a

1of intent, with the declared candidate for Lieutenant Governor,
2as applicable.
3    (d) All contracts between State agencies and a business
4entity that violate subsection (b) or (c) shall be voidable
5under Section 50-60. If a business entity violates subsection
6(b) 3 or more times within a 36-month period, then all
7contracts between State agencies and that business entity shall
8be void, and that business entity shall not bid or respond to
9any invitation to bid or request for proposals from any State
10agency or otherwise enter into any contract with any State
11agency for 3 years from the date of the last violation. A
12notice of each violation and the penalty imposed shall be
13published in both the Procurement Bulletin and the Illinois
14Register.
15    (e) Any political committee that has received a
16contribution in violation of subsection (b) or (c) shall pay an
17amount equal to the value of the contribution to the State no
18more than 30 calendar days after notice of the violation
19concerning the contribution appears in the Illinois Register.
20Payments received by the State pursuant to this subsection
21shall be deposited into the general revenue fund.
22(Source: P.A. 97-411, eff. 8-16-11; 98-1076, eff. 1-1-15.)
 
23    Section 100. The Business Enterprise for Minorities,
24Females, and Persons with Disabilities Act is amended by
25changing Section 2 as follows:
 

 

 

10000HB1292ham001- 115 -LRB100 02980 AXK 38413 a

1    (30 ILCS 575/2)
2    (Section scheduled to be repealed on June 30, 2020)
3    Sec. 2. Definitions.
4    (A) For the purpose of this Act, the following terms shall
5have the following definitions:
6        (1) "Minority person" shall mean a person who is a
7    citizen or lawful permanent resident of the United States
8    and who is any of the following:
9            (a) American Indian or Alaska Native (a person
10        having origins in any of the original peoples of North
11        and South America, including Central America, and who
12        maintains tribal affiliation or community attachment).
13            (b) Asian (a person having origins in any of the
14        original peoples of the Far East, Southeast Asia, or
15        the Indian subcontinent, including, but not limited
16        to, Cambodia, China, India, Japan, Korea, Malaysia,
17        Pakistan, the Philippine Islands, Thailand, and
18        Vietnam).
19            (c) Black or African American (a person having
20        origins in any of the black racial groups of Africa).
21        Terms such as "Haitian" or "Negro" can be used in
22        addition to "Black or African American".
23            (d) Hispanic or Latino (a person of Cuban, Mexican,
24        Puerto Rican, South or Central American, or other
25        Spanish culture or origin, regardless of race).

 

 

10000HB1292ham001- 116 -LRB100 02980 AXK 38413 a

1            (e) 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        (2) "Woman" shall mean a person who is a citizen or
5    lawful permanent resident of the United States and who is
6    of the female gender.
7        (2.05) "Person with a disability" means a person who is
8    a citizen or lawful resident of the United States and is a
9    person qualifying as a person with a disability under
10    subdivision (2.1) of this subsection (A).
11        (2.1) "Person with a disability" means a person with a
12    severe physical or mental disability that:
13            (a) results from:
14            amputation,
15            arthritis,
16            autism,
17            blindness,
18            burn injury,
19            cancer,
20            cerebral palsy,
21            Crohn's disease,
22            cystic fibrosis,
23            deafness,
24            head injury,
25            heart disease,
26            hemiplegia,

 

 

10000HB1292ham001- 117 -LRB100 02980 AXK 38413 a

1            hemophilia,
2            respiratory or pulmonary dysfunction,
3            an intellectual disability,
4            mental illness,
5            multiple sclerosis,
6            muscular dystrophy,
7            musculoskeletal disorders,
8            neurological disorders, including stroke and
9        epilepsy,
10            paraplegia,
11            quadriplegia and other spinal cord conditions,
12            sickle cell anemia,
13            ulcerative colitis,
14            specific learning disabilities, or
15            end stage renal failure disease; and
16            (b) substantially limits one or more of the
17        person's major life activities.
18        Another disability or combination of disabilities may
19    also be considered as a severe disability for the purposes
20    of item (a) of this subdivision (2.1) if it is determined
21    by an evaluation of rehabilitation potential to cause a
22    comparable degree of substantial functional limitation
23    similar to the specific list of disabilities listed in item
24    (a) of this subdivision (2.1).
25        (3) "Minority-owned business" means a business which
26    is at least 51% owned by one or more minority persons, or

 

 

10000HB1292ham001- 118 -LRB100 02980 AXK 38413 a

1    in the case of a corporation, at least 51% of the stock in
2    which is owned by one or more minority persons; and the
3    management and daily business operations of which are
4    controlled by one or more of the minority individuals who
5    own it.
6        (4) "Women-owned business" means a business which is at
7    least 51% owned by one or more women, or, in the case of a
8    corporation, at least 51% of the stock in which is owned by
9    one or more women; and the management and daily business
10    operations of which are controlled by one or more of the
11    women who own it.
12        (4.1) "Business owned by a person with a disability"
13    means a business that is at least 51% owned by one or more
14    persons with a disability and the management and daily
15    business operations of which are controlled by one or more
16    of the persons with disabilities who own it. A
17    not-for-profit agency for persons with disabilities that
18    is exempt from taxation under Section 501 of the Internal
19    Revenue Code of 1986 is also considered a "business owned
20    by a person with a disability".
21        (4.2) "Council" means the Business Enterprise Council
22    for Minorities, Women, and Persons with Disabilities
23    created under Section 5 of this Act.
24        (5) "State contracts" means all contracts entered into
25    by the State, any agency or department thereof, or any
26    public institution of higher education, including

 

 

10000HB1292ham001- 119 -LRB100 02980 AXK 38413 a

1    community college districts, regardless of the source of
2    the funds with which the contracts are paid, which are not
3    subject to federal reimbursement. "State contracts" does
4    not include contracts awarded by a retirement system,
5    pension fund, or investment board subject to Section
6    1-109.1 of the Illinois Pension Code. This definition shall
7    control over any existing definition under this Act or
8    applicable administrative rule.
9        "State construction contracts" means all State
10    contracts entered into by a State agency or public
11    institution of higher education for the repair,
12    remodeling, renovation or construction of a building or
13    structure, or for the construction or maintenance of a
14    highway defined in Article 2 of the Illinois Highway Code.
15        (6) "State agencies" shall mean all departments,
16    officers, boards, commissions, institutions and bodies
17    politic and corporate of the State, but does not include
18    the Board of Trustees of the University of Illinois, the
19    Board of Trustees of Southern Illinois University at
20    Carbondale, the Board of Trustees of Southern Illinois
21    University at Edwardsville, the Board of Trustees of
22    Chicago State University, the Board of Trustees of Eastern
23    Illinois University, the Board of Trustees of Governors
24    State University, the Board of Trustees of Illinois State
25    University, the Board of Trustees of Northeastern Illinois
26    University, the Board of Trustees of Northern Illinois

 

 

10000HB1292ham001- 120 -LRB100 02980 AXK 38413 a

1    University, the Board of Trustees of Western Illinois
2    University, municipalities or other local governmental
3    units, or other State constitutional officers.
4        (7) "Public institutions of higher education" means
5    the University of Illinois, Southern Illinois University
6    at Carbondale, the Board of Trustees of Southern Illinois
7    University at Edwardsville, Chicago State University,
8    Eastern Illinois University, Governors State University,
9    Illinois State University, Northeastern Illinois
10    University, Northern Illinois University, Western Illinois
11    University, the public community colleges of the State, and
12    any other public universities, colleges, and community
13    colleges now or hereafter established or authorized by the
14    General Assembly.
15        (8) "Certification" means a determination made by the
16    Council or by one delegated authority from the Council to
17    make certifications, or by a State agency with statutory
18    authority to make such a certification, that a business
19    entity is a business owned by a minority, woman, or person
20    with a disability for whatever purpose. A business owned
21    and controlled by women shall be certified as a
22    "woman-owned business". A business owned and controlled by
23    women who are also minorities shall be certified as both a
24    "women-owned business" and a "minority-owned business".
25        (9) "Control" means the exclusive or ultimate and sole
26    control of the business including, but not limited to,

 

 

10000HB1292ham001- 121 -LRB100 02980 AXK 38413 a

1    capital investment and all other financial matters,
2    property, acquisitions, contract negotiations, legal
3    matters, officer-director-employee selection and
4    comprehensive hiring, operating responsibilities,
5    cost-control matters, income and dividend matters,
6    financial transactions and rights of other shareholders or
7    joint partners. Control shall be real, substantial and
8    continuing, not pro forma. Control shall include the power
9    to direct or cause the direction of the management and
10    policies of the business and to make the day-to-day as well
11    as major decisions in matters of policy, management and
12    operations. Control shall be exemplified by possessing the
13    requisite knowledge and expertise to run the particular
14    business and control shall not include simple majority or
15    absentee ownership.
16        (10) "Business" means a business that has annual gross
17    sales of less than $75,000,000 as evidenced by the federal
18    income tax return of the business. A firm with gross sales
19    in excess of this cap may apply to the Council for
20    certification for a particular contract if the firm can
21    demonstrate that the contract would have significant
22    impact on businesses owned by minorities, women, or persons
23    with disabilities as suppliers or subcontractors or in
24    employment of minorities, women, or persons with
25    disabilities.
26        (11) "Utilization plan" means a form and additional

 

 

10000HB1292ham001- 122 -LRB100 02980 AXK 38413 a

1    documentations included in all bids or proposals that
2    demonstrates a vendor's proposed utilization of vendors
3    certified by the Business Enterprise Program to meet the
4    targeted goal. The utilization plan shall demonstrate that
5    the Vendor has either: (1) met the entire contract goal or
6    (2) requested a full or partial waiver and made good faith
7    efforts towards meeting the goal.
8        (12) "Business Enterprise Program" means the Business
9    Enterprise Program of the Department of Central Management
10    Services.
11    (B) When a business is owned at least 51% by any
12combination of minority persons, women, or persons with
13disabilities, even though none of the 3 classes alone holds at
14least a 51% interest, the ownership requirement for purposes of
15this Act is considered to be met. The certification category
16for the business is that of the class holding the largest
17ownership interest in the business. If 2 or more classes have
18equal ownership interests, the certification category shall be
19determined by the business.
20(Source: P.A. 99-143, eff. 7-27-15; 99-462, eff. 8-25-15;
2199-642, eff. 7-28-16; 100-391, eff. 8-25-17.)
 
22    Section 105. The Build Illinois Act is amended by changing
23Section 1-3 as follows:
 
24    (30 ILCS 750/1-3)  (from Ch. 127, par. 2701-3)

 

 

10000HB1292ham001- 123 -LRB100 02980 AXK 38413 a

1    Sec. 1-3. The following agencies, boards and entities of
2State government may expend appropriations for the purposes
3contained in this Act: Department of Natural Resources;
4Department of Agriculture; Illinois Finance Authority; Capital
5Development Board; Department of Transportation; Department of
6Central Management Services; Illinois Arts Council;
7Environmental Protection Agency; Historic Preservation Agency;
8State Board of Higher Education; the Metropolitan Pier and
9Exposition Authority; State Board of Education; Illinois
10Community College Board; Board of Trustees of the University of
11Illinois; Board of Trustees of Chicago State University; Board
12of Trustees of Eastern Illinois University; Board of Trustees
13of Governors State University; Board of Trustees of Illinois
14State University; Board of Trustees of Northeastern Illinois
15University; Board of Trustees of Northern Illinois University;
16Board of Trustees of Western Illinois University; and Board of
17Trustees of Southern Illinois University at Carbondale; and
18Board of Trustees of Southern Illinois University at
19Edwardsville.
20(Source: P.A. 93-205, eff. 1-1-04.)
 
21    Section 110. The Illinois Pension Code is amended by
22changing Sections 15-106 and 24-109 as follows:
 
23    (40 ILCS 5/15-106)  (from Ch. 108 1/2, par. 15-106)
24    Sec. 15-106. Employer. "Employer": The University of

 

 

10000HB1292ham001- 124 -LRB100 02980 AXK 38413 a

1Illinois, Southern Illinois University at Carbondale, Southern
2Illinois University at Edwardsville, Chicago State University,
3Eastern Illinois University, Governors State University,
4Illinois State University, Northeastern Illinois University,
5Northern Illinois University, Western Illinois University, the
6State Board of Higher Education, the Illinois Mathematics and
7Science Academy, the University Civil Service Merit Board, the
8Board of Trustees of the State Universities Retirement System,
9the Illinois Community College Board, community college
10boards, any association of community college boards organized
11under Section 3-55 of the Public Community College Act, the
12Board of Examiners established under the Illinois Public
13Accounting Act, and, only during the period for which employer
14contributions required under Section 15-155 are paid, the
15following organizations: the alumni associations, the
16foundations and the athletic associations which are affiliated
17with the universities and colleges included in this Section as
18employers. An individual who begins employment on or after the
19effective date of this amendatory Act of the 99th General
20Assembly with any association of community college boards
21organized under Section 3-55 of the Public Community College
22Act, the Association of Illinois Middle-Grade Schools, the
23Illinois Association of School Administrators, the Illinois
24Association for Supervision and Curriculum Development, the
25Illinois Principals Association, the Illinois Association of
26School Business Officials, the Illinois Special Olympics, or an

 

 

10000HB1292ham001- 125 -LRB100 02980 AXK 38413 a

1entity not defined as an employer in this Section shall not be
2deemed an employee for the purposes of this Article with
3respect to that employment and shall not be eligible to
4participate in the System with respect to that employment;
5provided, however, that those individuals who are both employed
6by such an entity and are participating in the System with
7respect to that employment on the effective date of this
8amendatory Act of the 99th General Assembly shall be allowed to
9continue as participants in the System for the duration of that
10employment.
11    A department as defined in Section 14-103.04 is an employer
12for any person appointed by the Governor under the Civil
13Administrative Code of Illinois who is a participating employee
14as defined in Section 15-109. The Department of Central
15Management Services is an employer with respect to persons
16employed by the State Board of Higher Education in positions
17with the Illinois Century Network as of June 30, 2004 who
18remain continuously employed after that date by the Department
19of Central Management Services in positions with the Illinois
20Century Network, the Bureau of Communication and Computer
21Services, or, if applicable, any successor bureau.
22    The cities of Champaign and Urbana shall be considered
23employers, but only during the period for which contributions
24are required to be made under subsection (b-1) of Section
2515-155 and only with respect to individuals described in
26subsection (h) of Section 15-107.

 

 

10000HB1292ham001- 126 -LRB100 02980 AXK 38413 a

1(Source: P.A. 99-830, eff. 1-1-17; 99-897, eff. 1-1-17.)
 
2    (40 ILCS 5/24-109)  (from Ch. 108 1/2, par. 24-109)
3    Sec. 24-109. Football Coaches.
4    (a) Any football coach employed by the Board of Trustees of
5Chicago State University, the Board of Trustees of Eastern
6Illinois University, the Board of Trustees of Governors State
7University, the Board of Trustees of Illinois State University,
8the Board of Trustees of Northeastern Illinois University, the
9Board of Trustees of Northern Illinois University, the Board of
10Trustees of Western Illinois University, the University of
11Illinois Board of Trustees, or the Board of Trustees of
12Southern Illinois University at Carbondale, or the Board of
13Trustees of Southern Illinois University at Edwardsville
14System Board of Trustees, may participate in the American
15Football Coaches Retirement Trust in accordance with the
16conditions of that Trust, of this Section, and of applicable
17federal law.
18    (b) A football coach who elects to participate in the Trust
19may defer a part of his compensation as a coach by making
20employee contributions to the Trust. Amounts deferred by the
21coach under this Section shall be deemed a part of the coach's
22compensation for purposes of participation in the State
23Universities Retirement System but, in accordance with the U.S.
24Internal Revenue Code of 1986, shall not be included in the
25computation of federal income taxes withheld on behalf of the

 

 

10000HB1292ham001- 127 -LRB100 02980 AXK 38413 a

1coach. The employing institution of higher education shall not
2make any employer contributions to the Trust on behalf of the
3coach.
4    (c) A football coach who participates in the Trust may not
5participate in any other program of deferred compensation under
6this Article during any year in which he makes contributions to
7the Trust.
8    (d) Participation in the Trust shall be administered by the
9institution of higher education that employs the coach. Each
10such institution shall report annually to the General Assembly
11on the status of the Trust and participation under this
12Section.
13    (e) The right to participate in the Trust that is granted
14by this Section is subject to future limitation, and shall not
15be deemed to be a pension benefit that is protected from
16impairment under Section 5 of Article XIII of the Illinois
17Constitution.
18(Source: P.A. 90-14, eff. 7-1-97.)
 
19    Section 115. The Counties Code is amended by changing
20Section 4-2001 as follows:
 
21    (55 ILCS 5/4-2001)  (from Ch. 34, par. 4-2001)
22    Sec. 4-2001. State's attorney salaries.
23    (a) There shall be allowed to the several state's attorneys
24in this State, except the state's attorney of Cook County, the

 

 

10000HB1292ham001- 128 -LRB100 02980 AXK 38413 a

1following annual salary:
2        (1) Subject to paragraph (5), to each state's attorney
3    in counties containing less than 10,000 inhabitants,
4    $40,500 until December 31, 1988, $45,500 until June 30,
5    1994, and $55,500 thereafter or as set by the Compensation
6    Review Board, whichever is greater.
7        (2) Subject to paragraph (5), to each state's attorney
8    in counties containing 10,000 or more inhabitants but less
9    than 20,000 inhabitants, $46,500 until December 31, 1988,
10    $61,500 until June 30, 1994, and $71,500 thereafter or as
11    set by the Compensation Review Board, whichever is greater.
12        (3) Subject to paragraph (5), to each state's attorney
13    in counties containing 20,000 or more but less than 30,000
14    inhabitants, $51,000 until December 31, 1988, $65,000
15    until June 30, 1994, and $75,000 thereafter or as set by
16    the Compensation Review Board, whichever is greater.
17        (4) To each state's attorney in counties of 30,000 or
18    more inhabitants, $65,500 until December 31, 1988, $80,000
19    until June 30, 1994, and $96,837 thereafter or as set by
20    the Compensation Review Board, whichever is greater.
21        (5) Effective December 1, 2000, to each state's
22    attorney in counties containing fewer than 30,000
23    inhabitants, the same salary plus any cost of living
24    adjustments as authorized by the Compensation Review Board
25    to take effect after January 1, 1999, for state's attorneys
26    in counties containing 20,000 or more but fewer than 30,000

 

 

10000HB1292ham001- 129 -LRB100 02980 AXK 38413 a

1    inhabitants, or as set by the Compensation Review Board
2    whichever is greater.
3    The State shall furnish 66 2/3% of the total annual
4compensation to be paid to each state's attorney in Illinois
5based on the salary in effect on December 31, 1988, and 100% of
6the increases in salary taking effect after December 31, 1988.
7    Subject to appropriation, said amounts furnished by the
8State shall be payable monthly by the Department of Revenue out
9of the Personal Property Tax Replacement Fund or the General
10Revenue Fund to the county in which each state's attorney is
11elected.
12    Each county shall be required to furnish 33 1/3% of the
13total annual compensation to be paid to each state's attorney
14in Illinois based on the salary in effect on December 31, 1988.
15     Within 90 days after the effective date of this amendatory
16Act of the 96th General Assembly, the county board of any
17county with a population between 15,000 and 50,000 by
18resolution or ordinance may increase the amount of compensation
19to be paid to each eligible state's attorney in their county in
20the form of a longevity stipend which shall be added to and
21become part of the salary of the state's attorney for that
22year. To be eligible, the state's attorney must have served in
23the elected position for at least 20 continuous years and elect
24to participate in a program for an alternative annuity for
25county officers and make the required additional optional
26contributions as authorized by P.A. 90-32.

 

 

10000HB1292ham001- 130 -LRB100 02980 AXK 38413 a

1    (b) Effective December 1, 2000, no state's attorney may
2engage in the private practice of law. However, until November
330, 2000, (i) the state's attorneys in counties containing
4fewer than 10,000 inhabitants may engage in the practice of
5law, and (ii) in any county between 10,000 and 30,000
6inhabitants or in any county containing 30,000 or more
7inhabitants which reached that population between 1970 and
8December 31, 1981, the state's attorney may declare his or her
9intention to engage in the private practice of law, and may do
10so through no later than November 30, 2000, by filing a written
11declaration of intent to engage in the private practice of law
12with the county clerk. The declaration of intention shall be
13irrevocable during the remainder of the term of office. The
14declaration shall be filed with the county clerk within 30 days
15of certification of election or appointment, or within 60 days
16of March 15, 1989, whichever is later. In that event the annual
17salary of such state's attorney shall be as follows:
18        (1) In counties containing 10,000 or more inhabitants
19    but less than 20,000 inhabitants, $46,500 until December
20    31, 1988, $51,500 until June 30, 1994, and $61,500
21    thereafter or as set by the Compensation Review Board,
22    whichever is greater. The State shall furnish 100% of the
23    increases taking effect after December 31, 1988.
24        (2) In counties containing 20,000 or more inhabitants
25    but less than 30,000 inhabitants, and in counties
26    containing 30,000 or more inhabitants which reached said

 

 

10000HB1292ham001- 131 -LRB100 02980 AXK 38413 a

1    population between 1970 and December 31, 1981, $51,500
2    until December 31, 1988, $56,000 until June 30, 1994, and
3    $65,000 thereafter or as set by the Compensation Review
4    Board, whichever is greater. The State shall furnish 100%
5    of the increases taking effect after December 31, 1988.
6    (c) In counties where a state mental health institution, as
7hereinafter defined, is located, one assistant state's
8attorney shall, subject to appropriation, receive for his
9services, payable monthly by the Department of Revenue out of
10the Personal Property Tax Replacement Fund or the General
11Revenue Fund to the county in which he is appointed, the
12following:
13        (1) To each assistant state's attorney in counties
14    containing less than 10,000 inhabitants, the sum of $2,500
15    per annum;
16        (2) To each assistant state's attorney in counties
17    containing not less than 10,000 inhabitants and not more
18    than 20,000 inhabitants, the sum of $3,500 per annum;
19        (3) To each assistant state's attorney in counties
20    containing not less than 20,000 inhabitants and not more
21    than 30,000 inhabitants, the sum of $4,000 per annum;
22        (4) To each assistant state's attorney in counties
23    containing not less than 30,000 inhabitants and not more
24    than 40,000 inhabitants, the sum of $4,500 per annum;
25        (5) To each assistant state's attorney in counties
26    containing not less than 40,000 inhabitants and not more

 

 

10000HB1292ham001- 132 -LRB100 02980 AXK 38413 a

1    than 70,000 inhabitants, the sum of $5,000 per annum;
2        (6) To each assistant state's attorney in counties
3    containing not less than 70,000 inhabitants and not more
4    than 1,000,000 inhabitants, the sum of $6,000 per annum.
5    (d) The population of all counties for the purpose of
6fixing salaries as herein provided shall be based upon the last
7Federal census immediately previous to the appointment of an
8assistant state's attorney in each county.
9    (e) At the request of the county governing authority, in
10counties where one or more state correctional institutions, as
11hereinafter defined, are located, one or more assistant state's
12attorneys shall, subject to appropriation, receive for their
13services, provided that such services are performed in
14connection with the state correctional institution, payable
15monthly by the Department of Revenue out of the Personal
16Property Tax Replacement Fund or the General Revenue Fund to
17the county in which they are appointed, the following:
18        (1) $22,000 for each assistant state's attorney in
19    counties with one or more State correctional institutions
20    with a total average daily inmate population in excess of
21    2,000, on the basis of 2 assistant state's attorneys when
22    the total average daily inmate population exceeds 2,000 but
23    is less than 4,000; and 3 assistant state's attorneys when
24    such population exceeds 4,000; with reimbursement to be
25    based on actual services rendered.
26        (2) $15,000 per year for one assistant state's attorney

 

 

10000HB1292ham001- 133 -LRB100 02980 AXK 38413 a

1    in counties having one or more correctional institutions
2    with a total average daily inmate population of between 750
3    and 2,000 inmates, with reimbursement to be based on actual
4    services rendered.
5        (3) A maximum of $12,000 per year for one assistant
6    state's attorney in counties having less than 750 inmates,
7    with reimbursement to be based on actual services rendered.
8        Upon application of the county governing authority and
9    certification of the State's Attorney, the Director of
10    Corrections may, in his discretion and subject to
11    appropriation, increase the amount of salary reimbursement
12    to a county in the event special circumstances require the
13    county to incur extraordinary salary expenditures as a
14    result of services performed in connection with State
15    correctional institutions in that county.
16    In determining whether or not to increase the amount of
17salary reimbursement, the Director shall consider, among other
18matters:
19        (1) the nature of the services rendered;
20        (2) the results or dispositions obtained;
21        (3) whether or not the county was required to employ
22    additional attorney personnel as a direct result of the
23    services actually rendered in connection with a particular
24    service to a State correctional institution.
25    (f) In counties where a State senior institution of higher
26education is located, the assistant state's attorneys

 

 

10000HB1292ham001- 134 -LRB100 02980 AXK 38413 a

1specified by this Section shall, subject to appropriation,
2receive for their services, payable monthly by the Department
3of Revenue out of the Personal Property Tax Replacement Fund or
4the General Revenue Fund to the county in which appointed, the
5following:
6        (1) $14,000 per year each for employment on a full time
7    basis for 2 assistant state's attorneys in counties having
8    a State university or State universities with combined full
9    time enrollment of more than 15,000 students.
10        (2) $7,200 per year for one assistant state's attorney
11    with no limitation on other practice in counties having a
12    State university or State universities with combined full
13    time enrollment of 10,000 to 15,000 students.
14        (3) $4,000 per year for one assistant state's attorney
15    with no limitation on other practice in counties having a
16    State university or State universities with combined full
17    time enrollment of less than 10,000 students.
18    Such salaries shall be paid to the state's attorney and the
19assistant state's attorney in equal monthly installments by
20such county out of the county treasury provided that, subject
21to appropriation, the Department of Revenue shall reimburse
22each county monthly, out of the Personal Property Tax
23Replacement Fund or the General Revenue Fund, the amount of
24such salary. This Section shall not prevent the payment of such
25additional compensation to the state's attorney or assistant
26state's attorney of any county, out of the treasury of that

 

 

10000HB1292ham001- 135 -LRB100 02980 AXK 38413 a

1county as may be provided by law.
2    (g) For purposes of this Section, "State mental health
3institution" means any institution under the jurisdiction of
4the Department of Human Services that is listed in Section 4 of
5the Mental Health and Developmental Disabilities
6Administrative Act.
7    For purposes of this Section, "State correctional
8institution" means any facility of the Department of
9Corrections including adult facilities, juvenile facilities,
10pre-release centers, community correction centers, and work
11camps.
12    For purposes of this Section, "State university" means the
13University of Illinois, Southern Illinois University at
14Carbondale, Southern Illinois University at Edwardsville,
15Chicago State University, Eastern Illinois University,
16Governors State University, Illinois State University,
17Northeastern Illinois University, Northern Illinois
18University, Western Illinois University, and any public
19community college which has established a program of
20interinstitutional cooperation with one of the foregoing
21institutions whereby a student, after earning an associate
22degree from the community college, pursues a course of study at
23the community college campus leading to a baccalaureate degree
24from the foregoing institution (also known as a "2 Plus 2"
25degree program).
26    (h) A number of assistant state's attorneys shall be

 

 

10000HB1292ham001- 136 -LRB100 02980 AXK 38413 a

1appointed in each county that chooses to participate, as
2provided in this subsection, for the prosecution of
3alcohol-related traffic offenses. Each county shall receive
4monthly a subsidy for payment of the salaries and benefits of
5these assistant state's attorneys from State funds
6appropriated to the Department of Revenue out of the Personal
7Property Tax Replacement Fund or the General Revenue Fund for
8that purpose. The amounts of subsidies provided by this
9subsection shall be adjusted for inflation each July 1 using
10the Consumer Price Index of the Bureau of Labor Statistics of
11the U.S. Department of Labor.
12    When a county chooses to participate in the subsidy program
13described in this subsection (h), the number of assistant
14state's attorneys who are prosecuting alcohol-related traffic
15offenses must increase according to the subsidy provided in
16this subsection. These appointed assistant state's attorneys
17shall be in addition to any other assistant state's attorneys
18assigned to those cases on the effective date of this
19amendatory Act of the 91st General Assembly, and may not
20replace those assistant state's attorneys. In counties where
21the state's attorney is the sole prosecutor, this subsidy shall
22be used to provide an assistant state's attorney to prosecute
23alcohol-related traffic offenses along with the state's
24attorney. In counties where the state's attorney is the sole
25prosecutor, and in counties where a judge presides over cases
26involving a variety of misdemeanors, including alcohol-related

 

 

10000HB1292ham001- 137 -LRB100 02980 AXK 38413 a

1traffic matters, assistant state's attorneys appointed and
2subsidized by this subsection (h) may also prosecute the
3different misdemeanor cases at the direction of the state's
4attorney.
5    Assistant state's attorneys shall be appointed under this
6subsection in the following number and counties shall receive
7the following annual subsidies:
8        (1) In counties with fewer than 30,000 inhabitants, one
9    at $35,000.
10        (2) In counties with 30,000 or more but fewer than
11    100,000 inhabitants, one at $45,000.
12        (3) In counties with 100,000 or more but fewer than
13    300,000 inhabitants, 2 at $45,000 each.
14        (4) In counties, other than Cook County, with 300,000
15    or more inhabitants, 4 at $50,000 each.
16    The amounts appropriated under this Section must be
17segregated by population classification and disbursed monthly.
18    If in any year the amount appropriated for the purposes of
19this subsection (h) is insufficient to pay all of the subsidies
20specified in this subsection, the amount appropriated shall
21first be prorated by the population classifications of this
22subsection (h) and then among the counties choosing to
23participate within each of those classifications. If any of the
24appropriated moneys for each population classification remain
25at the end of a fiscal year, the remainder of the moneys may be
26allocated to participating counties that were not fully funded

 

 

10000HB1292ham001- 138 -LRB100 02980 AXK 38413 a

1during the course of the year. Nothing in this subsection
2prohibits 2 or more State's attorneys from combining their
3subsidies to appoint a joint assistant State's attorney to
4prosecute alcohol-related traffic offenses in multiple
5counties. Nothing in this subsection prohibits a State's
6attorney from appointing an assistant State's attorney by
7contract or otherwise.
8(Source: P.A. 96-259, eff. 8-11-09; 97-72, eff. 7-1-11.)
 
9    Section 120. The Municipal Tax Compliance Act is amended by
10changing Section 4 as follows:
 
11    (65 ILCS 80/4)  (from Ch. 24, par. 1554)
12    Sec. 4. As used in this Act, except when the context
13otherwise requires:
14    (a) "Public institution of higher education" means the
15University of Illinois; Southern Illinois University at
16Carbondale; Southern Illinois University at Edwardsville;
17Chicago State University; Eastern Illinois University;
18Governors State University; Illinois State University;
19Northeastern Illinois University; Northern Illinois
20University; Western Illinois University; the public community
21colleges of the State and any other public universities,
22colleges and community colleges now or hereafter established or
23authorized by law.
24    (b) "Hotel", "operator", "occupancy", "room" or "rooms",

 

 

10000HB1292ham001- 139 -LRB100 02980 AXK 38413 a

1"permanent resident" and "rental" each shall have the
2respective meanings ascribed thereto by Section 2 of The Hotel
3Operator's Occupation Tax Act, except that the term "hotel"
4shall also include dormitories, student unions and student
5centers owned, leased or operated by public institutions of
6higher education.
7    (c) "Parking spaces" means spaces provided and furnished
8for persons to park motor vehicles with or without a charge by
9a public institution of higher education under the control of
10such public institution of higher education.
11    (d) "Student performances" means theatricals, shows,
12motion picture shows, or live performances when such
13theatricals, shows, motion picture shows or live performances
14are sponsored by a public institution of higher education or a
15student organization recognized by a public institution of
16higher education or in which students enrolled in a public
17institution of higher education constitute more than 50% of the
18performers. Student performances shall not include
19performances which take place within the physical boundaries of
20a public institution of higher education and are sponsored in
21whole or in part by any individual or business entity which is
22not a student, a public institution of higher education, a
23recognized student organization or an employee of said public
24institution of higher education or where an individual or
25business entity rents or leases a building owned by a public
26institution of higher education for the purpose of the staging

 

 

10000HB1292ham001- 140 -LRB100 02980 AXK 38413 a

1of such a performance.
2    (e) "Student athletic contests" means any athletic contest
3sanctioned and performed under the auspices of the National
4Collegiate Athletic Association or the National Association of
5Intercollegiate Athletics or any athletic contest sanctioned
6or performed under the auspices of a public institution of
7higher education as defined herein.
8(Source: P.A. 89-4, eff. 1-1-96.)
 
9    Section 125. The Hospital District Law is amended by
10changing Section 15 as follows:
 
11    (70 ILCS 910/15)  (from Ch. 23, par. 1265)
12    Sec. 15. A Hospital District shall constitute a municipal
13corporation and body politic separate and apart from any other
14municipality, the State of Illinois or any other public or
15governmental agency and shall have and exercise the following
16governmental powers, and all other powers incidental,
17necessary, convenient, or desirable to carry out and effectuate
18such express powers.
19    1. To establish and maintain a hospital and hospital
20facilities within or outside its corporate limits, and to
21construct, acquire, develop, expand, extend and improve any
22such hospital or hospital facility. If a Hospital District
23utilizes its authority to levy a tax pursuant to Section 20 of
24this Act for the purpose of establishing and maintaining

 

 

10000HB1292ham001- 141 -LRB100 02980 AXK 38413 a

1hospitals or hospital facilities, such District shall be
2prohibited from establishing and maintaining hospitals or
3hospital facilities located outside of its district unless so
4authorized by referendum. To approve the provision of any
5service and to approve any contract or other arrangement not
6prohibited by a hospital licensed under the Hospital Licensing
7Act, incorporated under the General Not-For-Profit Corporation
8Act, and exempt from taxation under paragraph (3) of subsection
9(c) of Section 501 of the Internal Revenue Code.
10    2. To acquire land in fee simple, rights in land and
11easements upon, over or across land and leasehold interests in
12land and tangible and intangible personal property used or
13useful for the location, establishment, maintenance,
14development, expansion, extension or improvement of any such
15hospital or hospital facility. Such acquisition may be by
16dedication, purchase, gift, agreement, lease, use or adverse
17possession or by condemnation.
18    3. To operate, maintain and manage such hospital and
19hospital facility, and to make and enter into contracts for the
20use, operation or management of and to provide rules and
21regulations for the operation, management or use of such
22hospital or hospital facility.
23    Such contracts may include the lease by the District of all
24or any portion of its facilities to a not-for-profit
25corporation organized by the District's board of directors. The
26rent to be paid pursuant to any such lease shall be in an

 

 

10000HB1292ham001- 142 -LRB100 02980 AXK 38413 a

1amount deemed appropriate by the board of directors. Any of the
2remaining assets which are not the subject of such a lease may
3be conveyed and transferred to the not-for-profit corporation
4organized by the District's board of directors provided that
5the not-for-profit corporation agrees to discharge or assume
6such debts, liabilities, and obligations of the District as
7determined to be appropriate by the District's board of
8directors.
9    4. To fix, charge and collect reasonable fees and
10compensation for the use or occupancy of such hospital or any
11part thereof, or any hospital facility, and for nursing care,
12medicine, attendance, or other services furnished by such
13hospital or hospital facilities, according to the rules and
14regulations prescribed by the board from time to time.
15    5. To borrow money and to issue general obligation bonds,
16revenue bonds, notes, certificates, or other evidences of
17indebtedness for the purpose of accomplishing any of its
18corporate purposes, subject to compliance with any conditions
19or limitations set forth in this Act or the Health Facilities
20Planning Act or otherwise provided by the constitution of the
21State of Illinois and to execute, deliver, and perform
22mortgages and security agreements to secure such borrowing.
23    6. To employ or enter into contracts for the employment of
24any person, firm, or corporation, and for professional
25services, necessary or desirable for the accomplishment of the
26corporate objects of the District or the proper administration,

 

 

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1management, protection or control of its property.
2    7. To maintain such hospital for the benefit of the
3inhabitants of the area comprising the District who are sick,
4injured, or maimed regardless of race, creed, religion, sex,
5national origin or color, and to adopt such reasonable rules
6and regulations as may be necessary to render the use of the
7hospital of the greatest benefit to the greatest number; to
8exclude from the use of the hospital all persons who wilfully
9disregard any of the rules and regulations so established; to
10extend the privileges and use of the hospital to persons
11residing outside the area of the District upon such terms and
12conditions as the board of directors prescribes by its rules
13and regulations.
14    8. To police its property and to exercise police powers in
15respect thereto or in respect to the enforcement of any rule or
16regulation provided by the ordinances of the District and to
17employ and commission police officers and other qualified
18persons to enforce the same.
19    The use of any such hospital or hospital facility of a
20District shall be subject to the reasonable regulation and
21control of the District and upon such reasonable terms and
22conditions as shall be established by its board of directors.
23    A regulatory ordinance of a District adopted under any
24provision of this Section may provide for a suspension or
25revocation of any rights or privileges within the control of
26the District for a violation of any such regulatory ordinance.

 

 

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1    Nothing in this Section or in other provisions of this Act
2shall be construed to authorize the District or board to
3establish or enforce any regulation or rule in respect to
4hospitalization or in the operation or maintenance of such
5hospital or any hospital facilities within its jurisdiction
6which is in conflict with any federal or state law or
7regulation applicable to the same subject matter.
8    9. To provide for the benefit of its employees group life,
9health, accident, hospital and medical insurance, or any
10combination of such types of insurance, and to further provide
11for its employees by the establishment of a pension or
12retirement plan or system; to effectuate the establishment of
13any such insurance program or pension or retirement plan or
14system, a Hospital District may make, enter into or subscribe
15to agreements, contracts, policies or plans with private
16insurance companies. Such insurance may include provisions for
17employees who rely on treatment by spiritual means alone
18through prayer for healing in accord with the tenets and
19practice of a well-recognized religious denomination. The
20board of directors of a Hospital District may provide for
21payment by the District of a portion of the premium or charge
22for such insurance or for a pension or retirement plan for
23employees with the employee paying the balance of such premium
24or charge. If the board of directors of a Hospital District
25undertakes a plan pursuant to which the Hospital District pays
26a portion of such premium or charge, the board shall provide

 

 

10000HB1292ham001- 145 -LRB100 02980 AXK 38413 a

1for the withholding and deducting from the compensation of such
2employees as consent to joining such insurance program or
3pension or retirement plan or system, the balance of the
4premium or charge for such insurance or plan or system.
5    If the board of directors of a Hospital District does not
6provide for a program or plan pursuant to which such District
7pays a portion of the premium or charge for any group insurance
8program or pension or retirement plan or system, the board may
9provide for the withholding and deducting from the compensation
10of such employees as consent thereto the premium or charge for
11any group life, health, accident, hospital and medical
12insurance or for any pension or retirement plan or system.
13    A Hospital District deducting from the compensation of its
14employees for any group insurance program or pension or
15retirement plan or system, pursuant to this Section, may agree
16to receive and may receive reimbursement from the insurance
17company for the cost of withholding and transferring such
18amount to the company.
19    10. Except as provided in Section 15.3, to sell at public
20auction or by sealed bid and convey any real estate held by the
21District which the board of directors, by ordinance adopted by
22at least 2/3rds of the members of the board then holding
23office, has determined to be no longer necessary or useful to,
24or for the best interests of, the District.
25    An ordinance directing the sale of real estate shall
26include the legal description of the real estate, its present

 

 

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1use, a statement that the property is no longer necessary or
2useful to, or for the best interests of, the District, the
3terms and conditions of the sale, whether the sale is to be at
4public auction or sealed bid, and the date, time, and place the
5property is to be sold at auction or sealed bids opened.
6    Before making a sale by virtue of the ordinance, the board
7of directors shall cause notice of the proposal to sell to be
8published once each week for 3 successive weeks in a newspaper
9published, or, if none is published, having a general
10circulation, in the district, the first publication to be not
11less than 30 days before the day provided in the notice for the
12public sale or opening of bids for the real estate.
13    The notice of the proposal to sell shall include the same
14information included in the ordinance directing the sale and
15shall advertise for bids therefor. A sale of property by public
16auction shall be held at the property to be sold at a time and
17date determined by the board of directors. The board of
18directors may accept the high bid or any other bid determined
19to be in the best interests of the district by a vote of 2/3rds
20of the board then holding office, but by a majority vote of
21those holding office, they may reject any and all bids.
22    The chairman and secretary of the board of directors shall
23execute all documents necessary for the conveyance of such real
24property sold pursuant to the foregoing authority.
25    11. To establish and administer a program of loans for
26postsecondary students pursuing degrees in accredited public

 

 

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1health-related educational programs at public institutions of
2higher education. If a student is awarded a loan, the
3individual shall agree to accept employment within the hospital
4district upon graduation from the public institution of higher
5education. For the purposes of this Act, "public institutions
6of higher education" means the University of Illinois; Southern
7Illinois University at Carbondale; Southern Illinois
8University at Edwardsville; Chicago State University; Eastern
9Illinois University; Governors State University; Illinois
10State University; Northeastern Illinois University; Northern
11Illinois University; Western Illinois University; the public
12community colleges of the State; and any other public colleges,
13universities or community colleges now or hereafter
14established or authorized by the General Assembly. The
15district's board of directors shall by resolution provide for
16eligibility requirements, award criteria, terms of financing,
17duration of employment accepted within the district and such
18other aspects of the loan program as its establishment and
19administration may necessitate.
20    12. To establish and maintain congregate housing units; to
21acquire land in fee simple and leasehold interests in land for
22the location, establishment, maintenance, and development of
23those housing units; to borrow funds and give debt instruments,
24real estate mortgages, and security interests in personal
25property, contract rights, and general intangibles; and to
26enter into any contract required for participation in any

 

 

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1federal or State programs.
2(Source: P.A. 92-534, eff. 5-14-02; 92-611, eff. 7-3-02.)
 
3    Section 130. The School Code is amended by changing
4Sections 30-15.25, 30-16.4, and 30-16.6 as follows:
 
5    (105 ILCS 5/30-15.25)  (from Ch. 122, par. 30-15.25)
6    Sec. 30-15.25. (a) As used in this Section, the term
7"public institution of higher education" includes: the
8University of Illinois; Southern Illinois University at
9Carbondale; Southern Illinois University at Edwardsville;
10Chicago State University; Eastern Illinois University;
11Governors State University; Illinois State University;
12Northeastern Illinois University; Northern Illinois
13University; Western Illinois University; the public community
14colleges of the State; and any other public universities,
15colleges and community colleges now or hereafter established or
16authorized by the General Assembly. The term "nonpublic
17institution of higher education" includes any educational
18organization in this State, other than a public institution of
19higher education, which provides a minimum of an organized 2
20year program at the private junior college level or higher and
21which operates not-for-profit and in conformity with standards
22substantially equivalent to those of public institutions of
23higher education.
24    (b) Each public institution of higher education shall

 

 

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1disclose the terms, restrictions and requirements attached to
2or made a part of any endowment, gift, grant, contract award or
3property of any kind or value in excess of $100,000 made to
4such institution, or to any school, college, division, branch
5or other organizational entity within or forming a part of such
6institution, by a foreign government or an individual who is
7neither a citizen nor a resident of the United States, in any
8calendar or fiscal year. If the foreign government or
9individual donates more than one gift in any calendar or fiscal
10year, and the total value of those gifts exceeds $100,000, such
11institution shall report all the gifts received. This
12subsection shall not apply to funds that public institutions of
13higher education receive from grants and contracts through
14either the federal government or the State of Illinois.
15    (c) The provisions of this subsection apply to each
16nonpublic institution of higher education: (i) which receives
17any grant or award under the Illinois Financial Assistance Act
18for Nonpublic Institutions of Higher Learning or under the
19Higher Education Cooperation Act, or (ii) which is a
20participant in a program of interinstitutional cooperation
21administered by a not-for-profit organization that is
22organized to administer such program under the Higher Education
23Cooperation Act and that receives any grant under and in
24furtherance of the purposes of that Act, or (iii) which
25receives any grant or distribution of grant moneys appropriated
26from the State Treasury or any fund therein to such institution

 

 

10000HB1292ham001- 150 -LRB100 02980 AXK 38413 a

1or to the Board of Higher Education for distribution to
2nonpublic institutions of higher education for purposes of
3Section 4 of the Build Illinois Bond Act or for any other
4purpose authorized by law. Each nonpublic institution of higher
5education to which the provisions of this subsection apply
6shall disclose the terms, restrictions and requirements
7attached to or made a part of any endowment, gift, grant,
8contract award or property of any kind or value in excess of
9$250,000 made to such institution, or to any school, college,
10division, branch or other organizational entity within or
11forming a part of such institution, by a foreign government or
12an individual who is neither a citizen nor a resident of the
13United States, in any calendar or fiscal year. If the foreign
14government or individual donates more than one gift in any
15calendar or fiscal year, and the total value of those gifts
16exceeds $250,000, such institution shall report all the gifts
17received.
18    (d) Such information shall be forwarded to the Attorney
19General no later than 30 days after the final day of each
20calendar or fiscal year of such institution, whichever type of
21year is used by the institution in accounting for the gifts
22received for the purposes of this Section. The information
23shall include:
24        (1) the name of the foreign government in the case of a
25    gift by a government, or the name of the foreign country of
26    which an individual donor is a citizen, in the case of a

 

 

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1    gift by an individual;
2        (2) the amount and the date of the contribution or
3    contributions;
4        (3) when the gift is conditional, matching or
5    designated for a particular purpose, full details of the
6    conditions, matching provisions or designation; and
7        (4) the purpose or purposes for which the contribution
8    will be used.
9    Such information shall be a matter of public record.
10(Source: P.A. 89-4, eff. 1-1-96.)
 
11    (105 ILCS 5/30-16.4)  (from Ch. 122, par. 30-16.4)
12    Sec. 30-16.4. Privileges Conferred. The scholarships
13issued under Sections 30-16.1 through 30-16.6, inclusive, of
14this Article, may be used at those State supported universities
15where there are provided Reserve Officer's Training Corps
16programs of the several Armed Services over a period during
17which the eligible recipient is eligible for enrollment in the
18program. The scholarships exempt the holder from the payment of
19tuition, or any matriculation, graduation, activity, term or
20incidental fee, except any portion of a multi-purpose fee which
21is used for a purpose for which exemption is not granted under
22this Section. Exemption may not be granted for any other fees
23including book rental, service, laboratory, supply, Union
24Building, hospital and medical insurance fees and any fees
25established for the operation and maintenance of buildings, the

 

 

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1income of which is pledged to the payment of interest and
2principal, or bonds issued by the governing board of the
3universities.
4    Any student who has been or is awarded a scholarship shall
5be reimbursed by the appropriate university for any fees which
6he has paid and for which exemption is granted under this
7Section, if application for such reimbursement is made within 2
8months following the school term for which the fees were paid.
9    The holder of a scholarship is subject to all examinations,
10rules and requirements of the university in which he is
11enrolled, except as herein directed.
12    The provisions of Sections 30-16.1 through 30-16.6 of this
13Act do not prohibit the Board of Trustees of the University of
14Illinois, the Board of Trustees of Southern Illinois University
15at Carbondale, the Board of Trustees of Southern Illinois
16University at Edwardsville, the Board of Trustees of Chicago
17State University, the Board of Trustees of Eastern Illinois
18University, the Board of Trustees of Governors State
19University, the Board of Trustees of Illinois State University,
20the Board of Trustees of Northeastern Illinois University, the
21Board of Trustees of Northern Illinois University, and the
22Board of Trustees of Western Illinois University from granting
23other scholarships.
24(Source: P.A. 89-4, eff. 1-1-96.)
 
25    (105 ILCS 5/30-16.6)  (from Ch. 122, par. 30-16.6)

 

 

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1    Sec. 30-16.6. Registration of eligible recipients;
2examination. The president or chairman of the board of each
3private junior college or public community college, and the
4President of each University in which a Reserve Officer's
5Training Corps program is available, or some individual or
6committee designated by such person, shall receive and register
7the names of all eligible recipients applying for the
8scholarships set forth in Section 30-16.3. Applicants shall
9take an examination each year according to the rules prescribed
10jointly by the President of the University of Illinois, the
11President of Southern Illinois University at Carbondale, the
12President of Southern Illinois University at Edwardsville, the
13President of Chicago State University, the President of Eastern
14Illinois University, the President of Governors State
15University, the President of Illinois State University, the
16President of Northeastern Illinois University, the President
17of Northern Illinois University, and the President of Western
18Illinois University. The scholarships shall be awarded on a
19merit basis to those eligible recipients receiving the highest
20grades with evidence of leadership ability, and the number of
21scholarships to be awarded in any institution shall be as set
22forth in Section 30-16.3.
23(Source: P.A. 89-4, eff. 1-1-96.)
 
24    Section 135. The Illinois Peace Corps Fellowship Program
25Law is amended by changing Section 2-3 as follows:
 

 

 

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1    (105 ILCS 30/2-3)  (from Ch. 122, par. 2003)
2    Sec. 2-3. Program description. The University of Illinois,
3Southern Illinois University at Carbondale, Southern Illinois
4University at Edwardsville, Chicago State University, Eastern
5Illinois University, Governors State University, Illinois
6State University, Northeastern Illinois University, Northern
7Illinois University, and Western Illinois University the
8several universities and colleges under the governance of the
9Board of Governors of State Colleges and Universities, and the
10several Regency Universities under the jurisdiction of the
11Board of Regents are hereby authorized to become participants
12in the Illinois Peace Corps Fellowship Program. Any such
13participating public institution of higher education may
14conduct and administer this program to augment the number of
15Illinois public school teachers by bringing the teaching skills
16of recently returned United States Peace Corps volunteers to
17those school districts, including the school districts
18situated within the City of Chicago and the City of East St.
19Louis or any other school district designated by the State
20Board of Education, which enter into cooperative agreements
21required for implementation of the program. In designating such
22school districts, the State Board of Education may consider
23districts that have a high proportion of drop-out students, a
24high percentage of minority students, a high proportion of low
25income families and high truancy rates. The program shall

 

 

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1utilize former United States Peace Corps volunteers with two
2years of Peace Corps experience by placing them in the
3designated cooperating school districts as full time teachers
4or teacher aides. In return for making a two-year commitment to
5teaching and being placed in a full-time salaried teacher aide
6or certificated teaching position at a public school located in
7a designated cooperating school district, the former Peace
8Corps volunteer may be awarded a fellowship to the
9participating public institution of higher education to
10complete (in the case of teacher aides who are not yet
11certificated) the courses required for issuance of a teaching
12certificate under Article 21 of The School Code, or to pursue a
13master's degree program in education. The fellowships may
14consist of tuition waivers applicable toward enrollment at the
15participating public institution of higher education to
16complete required courses for teacher certification and to
17pursue a master's degree program in education; and the award of
18such tuition waivers may be supported by funds and grants made
19available to the participating university or universities
20through private or public sources. A participating university
21may also consider an authorization under which all fellowship
22recipients are allowed to pay in-state tuition rates while
23enrolled for credit in a master's degree program.
24    An annual salary for the fellowship recipient to teach in a
25designated school district for a period of two years may be
26provided by the designated cooperating school district at which

 

 

10000HB1292ham001- 156 -LRB100 02980 AXK 38413 a

1the fellowship recipient shall teach, and may be set at an
2amount equal to that paid to other teacher aides and
3certificated teachers in a comparable position.
4(Source: P.A. 95-331, eff. 8-21-07.)
 
5    Section 140. The Conservation Education Act is amended by
6changing Section 1 as follows:
 
7    (105 ILCS 415/1)  (from Ch. 122, par. 698.1)
8    Sec. 1. Definitions: as used in this Act:
9        (a) "State agency" means the Board of Trustees of the
10    University of Illinois, the Board of Trustees of Southern
11    Illinois University at Carbondale, the Board of Trustees of
12    Southern Illinois University at Edwardsville, the Board of
13    Trustees of Chicago State University, the Board of Trustees
14    of Eastern Illinois University, the Board of Trustees of
15    Governors State University, the Board of Trustees of
16    Northeastern Illinois University, the Board of Trustees of
17    Western Illinois University, boards of education and
18    boards of directors of public schools, elected State
19    officers and departments, boards and commissions and other
20    agencies of State government.
21        (b) "School" means any school or class established by
22    this Act.
23(Source: P.A. 89-4, eff. 1-1-96.)
 

 

 

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1    Section 145. The Campus Demonstrations Policy Act is
2amended by changing Section 1 as follows:
 
3    (110 ILCS 10/1)  (from Ch. 144, par. 225)
4    Sec. 1. For the purposes of this Act:
5    (a) "State-supported institution of higher learning" means
6the University of Illinois, Southern Illinois University at
7Carbondale, Southern Illinois University at Edwardsville,
8Chicago State University, Eastern Illinois University,
9Governors State University, Illinois State University,
10Northeastern Illinois University, Northern Illinois
11University, Western Illinois University, and the public
12community colleges subject to the Public Community College Act.
13    (b) "Policy on Demonstrations" means an outline of rules
14and regulations to maintain order on the campus of an
15institution of higher learning in this State which gives
16special attention to firmness, to insuring that the civil
17rights of others are not infringed and to establishment of a
18step by step approach to secure the reasonable operation of
19university or college activities in case of any disruptive
20activity.
21(Source: P.A. 89-4, eff. 1-1-96.)
 
22    Section 150. The College Campus Press Act is amended by
23changing Section 5 as follows:
 

 

 

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1    (110 ILCS 13/5)
2    Sec. 5. Definitions. For purposes of this Act:
3    "Campus media" means any matter that is prepared,
4substantially written, published, or broadcast by students at
5State-sponsored institutions of higher learning, that is
6distributed or generally made available, either free of charge
7or for a fee, to members of the student body, and that is
8prepared under the direction of a student media adviser.
9"Campus media" does not include media that is intended for
10distribution or transmission solely in the classrooms in which
11it is produced.
12    "Campus policy" means the views and positions of
13State-sponsored institutions of higher learning promulgated by
14administrators, officials, or other agents of these
15institutions.
16    "Collegiate media adviser" means a person who is employed,
17appointed, or designated by the State-sponsored institution of
18higher learning to supervise or provide instruction relating to
19campus media.
20    "Collegiate student editor" means a student at a
21State-sponsored institution of higher learning who edits
22information prepared by collegiate student journalists for
23dissemination in campus media.
24    "Collegiate student journalist" means a student at a
25State-sponsored institution of higher learning who gathers,
26compiles, writes, photographs, records, or prepares

 

 

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1information for dissemination in campus media.
2    "Prevailing party" includes any party who obtains some of
3his or her requested relief through judicial judgment in his or
4her favor, who obtains some of his or her requested relief
5through a settlement agreement approved by the court, or whose
6pursuit of a non-frivolous claim was a catalyst for a
7unilateral change in position by the opposing party relative to
8the relief sought.
9    "State-sponsored institution of higher learning" means the
10University of Illinois, Southern Illinois University at
11Carbondale, Southern Illinois University at Edwardsville,
12Chicago State University, Eastern Illinois University,
13Governors State University, Illinois State University,
14Northeastern Illinois University, Northern Illinois
15University, Western Illinois University, and public community
16colleges subject to the Public Community College Act.
17(Source: P.A. 95-580, eff. 6-1-08.)
 
18    Section 155. The College Student Immunization Act is
19amended by changing Section 1 as follows:
 
20    (110 ILCS 20/1)  (from Ch. 144, par. 2601)
21    Sec. 1. Definitions. For the purposes of this Act:
22    (a) "Department" means the Illinois Department of Public
23Health.
24    (b) "Post-secondary educational institution" means a

 

 

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1public or private college or university offering degrees and
2instruction above the high school level, and shall include, but
3not be limited to, any and all private colleges and
4universities, the University of Illinois, Southern Illinois
5University at Carbondale, Southern Illinois University at
6Edwardsville, Chicago State University, Eastern Illinois
7University, Governors State University, Illinois State
8University, Northeastern Illinois University, Northern
9Illinois University, Western Illinois University, and any
10other public university now or hereafter established or
11authorized by the General Assembly; except that a
12post-secondary educational institution does not mean or
13include any public or private college or university that does
14not provide on-campus housing for its students in dormitories
15or equivalent facilities that are owned, operated, and
16maintained by the public or private college or university.
17    The term shall not include any public or private junior or
18community college, or any institution offering degrees and
19instruction which utilizes correspondence as its primary mode
20of student instruction.
21(Source: P.A. 94-195, eff. 7-12-05.)
 
22    Section 160. The Forensic Psychiatry Fellowship Training
23Act is amended by changing Sections 5, 10, and 20 as follows:
 
24    (110 ILCS 46/5)

 

 

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1    Sec. 5. Creation of program. The University of Illinois at
2Chicago and Southern Illinois University at Edwardsville shall
3expand their focuses on enrolling, training, and graduating
4forensic mental health professionals by each creating a
5forensic psychiatry fellowship training program at their
6Colleges of Medicine.
7(Source: P.A. 95-22, eff. 8-3-07.)
 
8    (110 ILCS 46/10)
9    Sec. 10. Powers and duties under program. Under the
10forensic psychiatry fellowship training program created under
11Section 5 of this Act, the University of Illinois at Chicago
12and Southern Illinois University at Edwardsville shall each
13have all of the following powers and duties:
14        (1) The university's undergraduate and graduate
15    programs may increase their service and training
16    commitments in order to provide mental health care to
17    chronically mentally ill populations in this State.
18        (2) The university shall coordinate service,
19    education, and research in mental health and may work with
20    communities, State agencies, other colleges and
21    universities, private foundations, health care providers,
22    and other interested organizations on innovative
23    strategies to respond to the challenges of providing
24    greater physician presence in the field of forensic
25    psychiatry. However, the majority of the clinical

 

 

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1    rotations of the fellows must be served in publicly
2    supported programs in this State.
3        (3) The university may establish such clinical and
4    educational centers and may cooperate with other
5    universities and associations as may be necessary to carry
6    out the intent of this Act according to the following
7    priorities:
8            (A) a preference for programs that are designed to
9        enroll, educate, and facilitate the graduation of
10        mental health professionals trained in forensic
11        psychiatry and other forensic mental health
12        sub-specialties; and
13            (B) a preference for public sector programs that
14        involve networking with other agencies, organizations,
15        and institutions that have similar objectives.
16(Source: P.A. 97-813, eff. 7-13-12.)
 
17    (110 ILCS 46/20)
18    Sec. 20. University of Illinois College of Medicine at
19Peoria and Northwestern University programs; funding. From
20funds appropriated for the purposes of this Act, the University
21of Illinois at Chicago and Southern Illinois University at
22Edwardsville may enter into cooperative agreements with the
23University of Illinois College of Medicine at Peoria or
24Northwestern University or both for the purpose of funding
25forensic psychiatric fellowship training programs at the

 

 

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1University of Illinois College of Medicine at Peoria and
2Northwestern University.
3(Source: P.A. 95-22, eff. 8-3-07; 96-690, eff. 8-25-09.)
 
4    Section 165. The Higher Education Veterans Service Act is
5amended by changing Section 5 as follows:
 
6    (110 ILCS 49/5)
7    Sec. 5. Definitions. For purposes of this Act:
8    "Task Force" means the Task Force on Service Member and
9Veterans Education.
10    "Public colleges and universities" means public community
11colleges subject to the Public Community College Act, the
12University of Illinois, Southern Illinois University at
13Carbondale, Southern Illinois University at Edwardsville,
14Chicago State University, Eastern Illinois University,
15Governors State University, Illinois State University,
16Northeastern Illinois University, Northern Illinois
17University, and Western Illinois University.
18(Source: P.A. 96-133, eff. 8-7-09.)
 
19    Section 170. The Nonresident College Trustees Act is
20amended by changing Section 1 as follows:
 
21    (110 ILCS 60/1)  (from Ch. 144, par. 7)
22    Sec. 1. (a) In all colleges, universities and other

 

 

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1institutions of learning in the State of Illinois, not placed
2under the control of the officers of this State, whether
3organized under any general or special law, non-residents of
4this State shall be eligible to the office of trustee;
5provided, that at least 3 members of the board of trustees of
6any such institution of learning shall be residents of this
7State. This subsection (a) does not apply to the Board of
8Trustees of the University of Illinois, Southern Illinois
9University at Carbondale, Southern Illinois University at
10Edwardsville, Chicago State University, Eastern Illinois
11University, Governors State University, Illinois State
12University, Northeastern Illinois University, Northern
13Illinois University, or Western Illinois University.
14    (b) No institution of learning in this State shall be
15removed from this State unless by a unanimous vote of the board
16of trustees.
17(Source: P.A. 91-798, eff. 7-9-00.)
 
18    Section 175. The Public University Energy Conservation Act
19is amended by changing Section 5-5 as follows:
 
20    (110 ILCS 62/5-5)
21    Sec. 5-5. Public university. "Public university" means any
22of the following institutions of higher learning: the
23University of Illinois, Southern Illinois University at
24Carbondale, Southern Illinois University at Edwardsville,

 

 

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1Northern Illinois University, Eastern Illinois University,
2Western Illinois University, Northeastern Illinois University,
3Chicago State University, Governors State University, or
4Illinois State University, acting in each case through its
5board of trustees or through a designee of that board.
6(Source: P.A. 97-813, eff. 7-13-12.)
 
7    Section 180. The Public University Tuition Statement Act is
8amended by changing Sections 10 as follows:
 
9    (110 ILCS 63/10)
10    Sec. 10. Definition. In this Act, "public university"
11means and includes Chicago State University, Eastern Illinois
12University, Governors State University, Illinois State
13University, Northeastern Illinois University, Northern
14Illinois University, Southern Illinois University at
15Carbondale, Southern Illinois University at Edwardsville,
16Western Illinois University, the University of Illinois, and
17any other public university established or authorized by the
18General Assembly.
19(Source: P.A. 91-185, eff. 7-20-99.)
 
20    Section 185. The State Universities Civil Service Act is
21amended by changing Sections 36b, 36c, 36e, and 36g-1 as
22follows:
 

 

 

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1    (110 ILCS 70/36b)  (from Ch. 24 1/2, par. 38b1)
2    Sec. 36b. Creation.
3    (1) A classified civil service system to be known as the
4State Universities Civil Service System is hereby created, and
5is hereinafter referred to as the University System.
6    (2) The purpose of the University System is to establish a
7sound program of personnel administration for the Illinois
8Community College Board, State Community College of East St.
9Louis (abolished under Section 2-12.1 of the Public Community
10College Act), Southern Illinois University at Carbondale,
11Southern Illinois University at Edwardsville, Chicago State
12University, Eastern Illinois University, Governors State
13University, Illinois State University, Northeastern Illinois
14University, Northern Illinois University, Western Illinois
15University, University of Illinois, State Universities Civil
16Service System, State Universities Retirement System, the
17State Scholarship Commission, and the Board of Higher
18Education. All certificates, appointments and promotions to
19positions in these agencies and institutions shall be made
20solely on the basis of merit and fitness, to be ascertained by
21examination, except as specified in Section 36e.
22    (3) The State Universities Civil Service System hereby
23created shall be a separate entity of the State of Illinois and
24shall be under the control of a Board to be known as the
25University Civil Service Merit Board, and is hereinafter
26referred to as the Merit Board.

 

 

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1(Source: P.A. 97-333, eff. 8-12-11.)
 
2    (110 ILCS 70/36c)  (from Ch. 24 1/2, par. 38b2)
3    Sec. 36c. The merit board. The Merit Board shall be
4composed of 12 11 members, 3 of whom shall be members of the
5Board of Trustees of the University of Illinois, one of whom
6shall be a member of the Board of Trustees of Southern Illinois
7University at Carbondale, one of whom shall be a member of the
8Board of Trustees of Southern Illinois University at
9Edwardsville, one of whom shall be a member of the Board of
10Trustees of Chicago State University, one of whom shall be a
11member of the Board of Trustees of Eastern Illinois University,
12one of whom shall be a member of the Board of Trustees of
13Governors State University, one of whom shall be a member of
14the Board of Trustees of Illinois State University, one of whom
15shall be a member of the Board of Trustees of Northeastern
16Illinois University, one of whom shall be a member of the Board
17of Trustees of Northern Illinois University, and one of whom
18shall be a member of the Board of Trustees of Western Illinois
19University. The 7 new members required to be elected to the
20Merit Board by their respective Boards of Trustees shall
21replace the 2 persons who, until the effective date of this
22amendatory Act of 1995, served as members of the Merit Board
23elected from the Board of Governors of State Colleges and
24Universities and the Board of Regents; and the terms of the
25members elected to the Merit Board from the Board of Governors

 

 

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1of State Colleges and Universities and the Board of Regents
2shall terminate on the effective date of this amendatory Act of
31995. The members of the Merit Board shall be elected by the
4respective Boards in which they hold membership and they shall
5serve at the pleasure of the electing Boards.
6    All members of the Merit Board shall serve without
7compensation but shall be reimbursed for any traveling expenses
8incurred in attending meetings of the Merit Board.
9    The Merit Board shall determine the number necessary for a
10quorum, elect its own chairman and set up an Executive
11Committee of its own members which shall have all of the powers
12of the Merit Board except as limited by the Merit Board.
13    The Merit Board shall cause to be elected a committee of
14not less than eleven members to be made up of Civil Service
15Employees, six of whom shall be nominated by and from the Civil
16Service Employees of the University of Illinois and one of whom
17shall be nominated by and from the Civil Service Employees of
18each of the other institutions specified in Section 36e, who
19will function in an advisory capacity to the Merit Board on all
20matters pertaining to the University System. This Advisory
21Committee shall meet at least quarterly and members of the
22Committee shall be reimbursed by their respective employers for
23time lost from work and for expenses incurred in attending
24meetings of the Committee.
25(Source: P.A. 89-4, eff. 1-1-96.)
 

 

 

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1    (110 ILCS 70/36e)  (from Ch. 24 1/2, par. 38b4)
2    Sec. 36e. Coverage. All employees of the Illinois Community
3College Board, State Community College of East St. Louis
4(abolished under Section 2-12.1 of the Public Community College
5Act), Southern Illinois University at Carbondale, Southern
6Illinois University at Edwardsville, Chicago State University,
7Eastern Illinois University, Governors State University,
8Illinois State University, Northeastern Illinois University,
9Northern Illinois University, Western Illinois University,
10University of Illinois, State Universities Civil Service
11System, State Universities Retirement System, the State
12Scholarship Commission, and the Board of Higher Education,
13shall be covered by the University System described in Sections
1436b to 36q, inclusive, of this Act, except the following
15persons:
16        (1) The members and officers of the Merit Board and the
17    board of trustees, and the commissioners of the
18    institutions and agencies covered hereunder;
19        (2) The presidents and vice-presidents of each
20    educational institution;
21        (3) Other principal administrative employees of each
22    institution and agency as determined by the Merit Board;
23        (4) The teaching, research and extension faculties of
24    each institution and agency;
25        (5) Students employed under rules prescribed by the
26    Merit Board, without examination or certification.

 

 

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1(Source: P.A. 97-333, eff. 8-12-11.)
 
2    (110 ILCS 70/36g-1)  (from Ch. 24 1/2, par. 38b6.1)
3    Sec. 36g-1. Active military service. Any employee of State
4Community College of East St. Louis (abolished under Section
52-12.1 of the Public Community College Act), Southern Illinois
6University at Carbondale, Southern Illinois University at
7Edwardsville, the University of Illinois, any university under
8the jurisdiction of the Board of Regents, or any college or
9university under the jurisdiction of the Board of Governors of
10State Colleges and Universities who is a member of any reserve
11component of the United States Armed Services, including the
12Illinois National Guard, and who is mobilized to active
13military duty on or after August 1, 1990 as a result of an
14order of the President of the United States, shall for each pay
15period beginning on or after August 1, 1990 continue to receive
16the same regular compensation that he receives or was receiving
17as an employee of that educational institution at the time he
18is or was so mobilized to active military duty, plus any health
19insurance and other benefits he is or was receiving or accruing
20at that time, minus the amount of his base pay for military
21service, for the duration of his active military service.
22    In the event any provision of a collective bargaining
23agreement or any policy of the educational institution covering
24any employee so ordered to active duty is more generous than
25the provisions contained in this Section, that collective

 

 

10000HB1292ham001- 171 -LRB100 02980 AXK 38413 a

1bargaining agreement or policy shall be controlling.
2(Source: P.A. 97-333, eff. 8-12-11.)
 
3    Section 190. The University - Building Authority Leased
4Lands Act is amended by changing the title and Sections 1 and 2
5as follows:
 
6    (110 ILCS 85/Act title)
7An Act relating to land leased from the Illinois Building
8Authority by the respective Boards of Trustees of the
9University of Illinois, Southern Illinois University at
10Carbondale, Southern Illinois University at Edwardsville,
11Chicago State University, Eastern Illinois University,
12Governors State University, Illinois State University,
13Northeastern Illinois University, Northern Illinois
14University, and Western Illinois University.
 
15    (110 ILCS 85/1)  (from Ch. 144, par. 70.11)
16    Sec. 1. The Board of Trustees of the University of
17Illinois, the Board of Trustees of Southern Illinois University
18at Carbondale, the Board of Trustees of Southern Illinois
19University at Edwardsville, the Board of Trustees of Chicago
20State University, the Board of Trustees of Eastern Illinois
21University, the Board of Trustees of Governors State
22University, the Board of Trustees of Illinois State University,
23the Board of Trustees of Northeastern Illinois University, the

 

 

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1Board of Trustees of Northern Illinois University, and the
2Board of Trustees of Western Illinois University, may
3construct, complete, remodel, maintain and equip buildings and
4other facilities, with funds available to them from any source,
5upon land heretofore or hereafter leased by them from the
6Illinois Building Authority.
7(Source: P.A. 89-4, eff. 1-1-96.)
 
8    (110 ILCS 85/2)  (from Ch. 144, par. 70.12)
9    Sec. 2. Expenditures by the Board of Trustees of the
10University of Illinois, the Board of Trustees of Southern
11Illinois University at Carbondale, the Board of Trustees of
12Southern Illinois University at Edwardsville, the Board of
13Trustees of Chicago State University, the Board of Trustees of
14Eastern Illinois University, the Board of Trustees of Governors
15State University, the Board of Trustees of Illinois State
16University, the Board of Trustees of Northeastern Illinois
17University, the Board of Trustees of Northern Illinois
18University, and the Board of Trustees of Western Illinois
19University for the construction, completion, remodeling,
20maintenance and equipment of buildings and other facilities are
21not subject to any law requiring that the State be vested with
22absolute fee title to the premises, if those expenditures are
23made in connection with and upon premises owned by the Illinois
24Building Authority.
25(Source: P.A. 89-4, eff. 1-1-96.)
 

 

 

10000HB1292ham001- 173 -LRB100 02980 AXK 38413 a

1    Section 195. The University Employees Custodial Accounts
2Act is amended by changing Section 1 as follows:
 
3    (110 ILCS 95/1)  (from Ch. 144, par. 1701)
4    Sec. 1. As used in this Act:
5    "The governing board of any public institution of higher
6education" means the Board of Trustees of the University of
7Illinois, the Board of Trustees of Southern Illinois University
8at Carbondale, the Board of Trustees of Southern Illinois
9University at Edwardsville, the Board of Trustees of Chicago
10State University, the Board of Trustees of Eastern Illinois
11University, the Board of Trustees of Governors State
12University, the Board of Trustees of Illinois State University,
13the Board of Trustees of Northeastern Illinois University, the
14Board of Trustees of Northern Illinois University, the Board of
15Trustees of Western Illinois University and the Illinois
16Community College Board.
17    "Eligible employees" means employees of public
18institutions of higher education who qualify for favorable tax
19treatment under Section 403b of the Internal Revenue Code.
20(Source: P.A. 89-4, eff. 1-1-96.)
 
21    Section 200. The University Faculty Research and
22Consulting Act is amended by changing Section 2 as follows:
 

 

 

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1    (110 ILCS 100/2)  (from Ch. 144, par. 217)
2    Sec. 2. For the purposes of this Act,
3    (a) "State-supported institution of higher learning"
4includes the University of Illinois, Southern Illinois
5University at Carbondale, Southern Illinois University at
6Edwardsville, Chicago State University, Eastern Illinois
7University, Governors State University, Illinois State
8University, Northeastern Illinois University, Northern
9Illinois University, Western Illinois University and all
10public community colleges; and
11    (b) "Contract" includes any grant made by any person
12(individual or corporate), partnership, foundation or
13association, other than federal, State or local governments,
14for the performance of research or consulting services by a
15member of the faculty of a State-supported institution of
16higher learning. The term does not include a scholarship or
17grant for study or research required for a graduate degree or
18the improvement of existing skills without any services to be
19rendered for the grantor or donor of such a scholarship or
20grant.
21(Source: P.A. 89-4, eff. 1-1-96.)
 
22    Section 205. The University Religious Observances Act is
23amended by changing Section 1 as follows:
 
24    (110 ILCS 110/1)  (from Ch. 144, par. 2101)

 

 

10000HB1292ham001- 175 -LRB100 02980 AXK 38413 a

1    Sec. 1. A public institution of higher education shall
2adopt a policy which reasonably accommodates the religious
3observance of individual students in regard to admissions,
4class attendance, and the scheduling of examinations and work
5requirements. This policy shall include a grievance procedure
6by which a student who believes that he or she has been
7unreasonably denied an educational benefit due to his or her
8religious belief or practices may seek redress. Such policy
9shall be made known to faculty and students annually by
10inclusion in the institution's handbook, manual or other
11similar document regularly provided to faculty and students.
12For the purposes of this Section (a) "public institution of
13higher education" means the University of Illinois, Southern
14Illinois University at Carbondale, Southern Illinois
15University at Edwardsville, Chicago State University, Eastern
16Illinois University, Governors State University, Illinois
17State University, Northeastern Illinois University, Northern
18Illinois University, Western Illinois University, the public
19community colleges of the State and any other public
20universities, colleges and community colleges now or hereafter
21established or authorized by the General Assembly; and (b)
22"religious observance" or "religious practice" includes all
23aspects of religious observance and practice, as well as
24belief.
25(Source: P.A. 89-4, eff. 1-1-96.)
 

 

 

10000HB1292ham001- 176 -LRB100 02980 AXK 38413 a

1    Section 210. The Volunteer Emergency Worker Higher
2Education Protection Act is amended by changing Section 5 as
3follows:
 
4    (110 ILCS 122/5)
5    Sec. 5. Definitions. For the purposes of this Section:
6    "Institution of higher education" means the University of
7Illinois, Southern Illinois University at Carbondale, Southern
8Illinois University at Edwardsville, Chicago State University,
9Eastern Illinois University, Governors State University,
10Illinois State University, Northeastern Illinois University,
11Northern Illinois University, Western Illinois University, the
12public community colleges of this State, and any other public
13universities, colleges, and community colleges now or
14hereafter established or authorized by law.
15    "Volunteer emergency worker" means a volunteer emergency
16worker as defined in the Volunteer Emergency Worker Job
17Protection Act.
18(Source: P.A. 94-957, eff. 7-1-06.)
 
19    Section 215. The Board of Higher Education Act is amended
20by changing Sections 1, 7, 8, 9.11, 9.29, and 10 as follows:
 
21    (110 ILCS 205/1)  (from Ch. 144, par. 181)
22    Sec. 1. The following terms shall have the meanings
23respectively prescribed for them, except when the context

 

 

10000HB1292ham001- 177 -LRB100 02980 AXK 38413 a

1otherwise requires:
2    "Public institutions of higher education": The University
3of Illinois; Southern Illinois University at Carbondale;
4Southern Illinois University at Edwardsville; Chicago State
5University; Eastern Illinois University; Governors State
6University; Illinois State University; Northeastern Illinois
7University; Northern Illinois University; Western Illinois
8University; the public community colleges of the State and any
9other public universities, colleges and community colleges now
10or hereafter established or authorized by the General Assembly.
11    "Board": The Board of Higher Education created by this Act.
12(Source: P.A. 100-167, eff. 1-1-18.)
 
13    (110 ILCS 205/7)  (from Ch. 144, par. 187)
14    Sec. 7. The Board of Trustees of the University of
15Illinois, the Board of Trustees of Southern Illinois University
16at Carbondale, the Board of Trustees of Southern Illinois
17University at Edwardsville, the Board of Trustees of Chicago
18State University, the Board of Trustees of Eastern Illinois
19University, the Board of Trustees of Governors State
20University, the Board of Trustees of Illinois State University,
21the Board of Trustees of Northeastern Illinois University, the
22Board of Trustees of Northern Illinois University, the Board of
23Trustees of Western Illinois University, the Illinois
24Community College Board and the campuses under their governance
25or supervision shall not hereafter undertake the establishment

 

 

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1of any new unit of instruction, research or public service
2without the approval of the Board. The term "new unit of
3instruction, research or public service" includes the
4establishment of a college, school, division, institute,
5department or other unit in any field of instruction, research
6or public service not theretofore included in the program of
7the institution, and includes the establishment of any new
8branch or campus. The term does not include reasonable and
9moderate extensions of existing curricula, research, or public
10service programs which have a direct relationship to existing
11programs; and the Board may, under its rule making power,
12define the character of such reasonable and moderate
13extensions.
14    Such governing boards shall submit to the Board all
15proposals for a new unit of instruction, research, or public
16service. The Board may approve or disapprove the proposal in
17whole or in part or approve modifications thereof whenever in
18its judgment such action is consistent with the objectives of
19an existing or proposed master plan of higher education.
20    The Board of Higher Education is authorized to review
21periodically all existing programs of instruction, research
22and public service at the State universities and colleges and
23to advise the appropriate board of control if the contribution
24of each program is not educationally and economically
25justified. Each State university shall report annually to the
26Board on programs of instruction, research, or public service

 

 

10000HB1292ham001- 179 -LRB100 02980 AXK 38413 a

1that have been terminated, dissolved, reduced, or consolidated
2by the university. Each State university shall also report to
3the Board all programs of instruction, research, and public
4service that exhibit a trend of low performance in enrollments,
5degree completions, and high expense per degree. The Board
6shall compile an annual report that shall contain information
7on new programs created, existing programs that have been
8closed or consolidated, and programs that exhibit low
9performance or productivity. The report must be submitted to
10the General Assembly. The Board shall have the authority to
11define relevant terms and timelines by rule with respect to
12this reporting.
13(Source: P.A. 97-610, eff. 1-1-12.)
 
14    (110 ILCS 205/8)  (from Ch. 144, par. 188)
15    Sec. 8. The Board of Trustees of the University of
16Illinois, the Board of Trustees of Southern Illinois University
17at Carbondale, the Board of Trustees of Southern Illinois
18University at Edwardsville, the Board of Trustees of Chicago
19State University, the Board of Trustees of Eastern Illinois
20University, the Board of Trustees of Governors State
21University, the Board of Trustees of Illinois State University,
22the Board of Trustees of Northeastern Illinois University, the
23Board of Trustees of Northern Illinois University, the Board of
24Trustees of Western Illinois University, and the Illinois
25Community College Board shall submit to the Board not later

 

 

10000HB1292ham001- 180 -LRB100 02980 AXK 38413 a

1than the 15th day of November of each year its budget proposals
2for the operation and capital needs of the institutions under
3its governance or supervision for the ensuing fiscal year. Each
4budget proposal shall conform to the procedures developed by
5the Board in the design of an information system for State
6universities and colleges.
7    In order to maintain a cohesive system of higher education,
8the Board and its staff shall communicate on a regular basis
9with all public university presidents. They shall meet at least
10semiannually to achieve economies of scale where possible and
11provide the most innovative and efficient programs and
12services.
13    The Board, in the analysis of formulating the annual budget
14request, shall consider rates of tuition and fees and
15undergraduate tuition and fee waiver programs at the State
16universities and colleges. The Board shall also consider the
17current and projected utilization of the total physical plant
18of each campus of a university or college in approving the
19capital budget for any new building or facility.
20    The Board of Higher Education shall submit to the Governor,
21to the General Assembly, and to the appropriate budget agencies
22of the Governor and General Assembly its analysis and
23recommendations on such budget proposals.
24    The Board is directed to form a broad-based group of
25individuals representing the Office of the Governor, the
26General Assembly, public institutions of higher education,

 

 

10000HB1292ham001- 181 -LRB100 02980 AXK 38413 a

1State agencies, business and industry, statewide organizations
2representing faculty and staff, and others as the Board shall
3deem appropriate to devise a system for allocating State
4resources to public institutions of higher education based upon
5performance in achieving State goals related to student success
6and certificate and degree completion.
7    Beginning in Fiscal Year 2013, the Board of Higher
8Education budget recommendations to the Governor and the
9General Assembly shall include allocations to public
10institutions of higher education based upon performance
11metrics designed to promote and measure student success in
12degree and certificate completion. Public university metrics
13must be adopted by the Board by rule, and public community
14college metrics must be adopted by the Illinois Community
15College Board by rule. These metrics must be developed and
16promulgated in accordance with the following principles:
17        (1) The metrics must be developed in consultation with
18    public institutions of higher education, as well as other
19    State educational agencies and other higher education
20    organizations, associations, interests, and stakeholders
21    as deemed appropriate by the Board.
22        (2) The metrics shall include provisions for
23    recognizing the demands on and rewarding the performance of
24    institutions in advancing the success of students who are
25    academically or financially at risk, including
26    first-generation students, low-income students, and

 

 

10000HB1292ham001- 182 -LRB100 02980 AXK 38413 a

1    students traditionally underrepresented in higher
2    education, as specified in Section 9.16 of this Act.
3        (3) The metrics shall recognize and account for the
4    differentiated missions of institutions and sectors of
5    higher education.
6        (4) The metrics shall focus on the fundamental goal of
7    increasing completion of college courses, certificates,
8    and degrees. Performance metrics shall recognize the
9    unique and broad mission of public community colleges
10    through consideration of additional factors including, but
11    not limited to, enrollment, progress through key academic
12    milestones, transfer to a baccalaureate institution, and
13    degree completion.
14        (5) The metrics must be designed to maintain the
15    quality of degrees, certificates, courses, and programs.
16In devising performance metrics, the Board may be guided by the
17report of the Higher Education Finance Study Commission.
18    Each State university must submit its plan for capital
19improvements of non-instructional facilities to the Board for
20approval before final commitments are made if the total cost of
21the project as approved by the institution's board of control
22is in excess of $2 million. Non-instructional uses shall
23include but not be limited to dormitories, union buildings,
24field houses, stadium, other recreational facilities and
25parking lots. The Board shall determine whether or not any
26project submitted for approval is consistent with the master

 

 

10000HB1292ham001- 183 -LRB100 02980 AXK 38413 a

1plan for higher education and with instructional buildings that
2are provided for therein. If the project is found by a majority
3of the Board not to be consistent, such capital improvement
4shall not be constructed.
5(Source: P.A. 99-655, eff. 7-28-16.)
 
6    (110 ILCS 205/9.11)  (from Ch. 144, par. 189.11)
7    Sec. 9.11. Effective January 1, 1980, to require the
8preparation of an annual capital plan which details the
9proposed budget year and 3-year 3 year capital needs of the
10Board of Trustees of the University of Illinois, the Board of
11Trustees of Southern Illinois University at Carbondale, the
12Board of Trustees of Southern Illinois University at
13Edwardsville, the Board of Trustees of Chicago State
14University, the Board of Trustees of Eastern Illinois
15University, the Board of Trustees of Governors State
16University, the Board of Trustees of Illinois State University,
17the Board of Trustees of Northeastern Illinois University, the
18Board of Trustees of Northern Illinois University, and the
19Board of Trustees of Western Illinois University. Such plan
20shall detail capital expenditures to finance revenue producing
21facilities through the issuance of revenue bonds. This plan
22shall detail each project and the project cost in current
23dollar amounts. The plan shall contain the appropriate detail
24for the proposed budget year and the 3-year 3 year plan which
25will justify the projects ability to meet: the debt service

 

 

10000HB1292ham001- 184 -LRB100 02980 AXK 38413 a

1requirements by producing sufficient revenue, life expectancy
2and maintenance requirements. Such annual capital plans shall
3be submitted to the Commission on Government Forecasting and
4Accountability no later than March 15th of each year.
5(Source: P.A. 93-1067, eff. 1-15-05.)
 
6    (110 ILCS 205/9.29)
7    Sec. 9.29. Tuition and fee waiver report. The Board of
8Higher Education shall annually compile information concerning
9tuition and fee waivers and tuition and fee waiver programs
10that has been provided by the Boards of Trustees of the
11University of Illinois, Southern Illinois University at
12Carbondale, Southern Illinois University at Edwardsville,
13Chicago State University, Eastern Illinois University,
14Governors State University, Illinois State University,
15Northeastern Illinois University, Northern Illinois
16University, and Western Illinois University and shall report
17its findings and recommendations concerning tuition and fee
18waivers and tuition and fee waiver programs to the General
19Assembly by filing electronic or paper copies of its report by
20December 31 of each year as provided in Section 3.1 of the
21General Assembly Organization Act.
22(Source: P.A. 100-167, eff. 1-1-18.)
 
23    (110 ILCS 205/10)  (from Ch. 144, par. 190)
24    Sec. 10. The Board of Trustees of the University of

 

 

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1Illinois, the Board of Trustees of Southern Illinois University
2at Carbondale, the Board of Trustees of Southern Illinois
3University at Edwardsville, the Board of Trustees of Chicago
4State University, the Board of Trustees of Eastern Illinois
5University, the Board of Trustees of Governors State
6University, the Board of Trustees of Illinois State University,
7the Board of Trustees of Northeastern Illinois University, the
8Board of Trustees of Northern Illinois University, the Board of
9Trustees of Western Illinois University, and the Illinois
10Community College Board shall retain all the powers and duties
11heretofore given and conferred upon them by statute, except
12insofar as they are limited by the powers and duties delegated
13to the Board of Higher Education by this Act.
14    Nothing, however, in this Act shall be construed to prevent
15individual state universities and colleges from establishing
16higher minimum admission requirements and higher minimum
17admission requirements may be established for out-of-state
18students than for Illinois residents.
19(Source: P.A. 89-4, eff. 1-1-96.)
 
20    Section 220. The Higher Education Cooperation Act is
21amended by changing Section 2 as follows:
 
22    (110 ILCS 220/2)  (from Ch. 144, par. 282)
23    Sec. 2. As used in this Act, unless the context otherwise
24requires:

 

 

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1    "Board" means the Board of Higher Education;
2    "Nonpublic institution of higher education" means an
3educational organization, other than a public institution of
4higher education, which provides a minimum of an organized 2
5year program at the private junior college level or higher and
6which operates not-for-profit and in conformity with standards
7substantially equivalent to those of the public institutions of
8higher education;
9    "Public institution of higher education" means the
10University of Illinois, Southern Illinois University at
11Carbondale, Southern Illinois University at Edwardsville,
12Chicago State University, Eastern Illinois University,
13Governors State University, Illinois State University,
14Northeastern Illinois University, Northern Illinois
15University, Western Illinois University, the public community
16colleges of this State, and any other public universities,
17colleges and community colleges now or hereafter established or
18authorized by the General Assembly.
19(Source: P.A. 89-4, eff. 1-1-96.)
 
20    Section 225. The Illinois Cooperative Work Study Program
21Act is amended by changing Section 2 as follows:
 
22    (110 ILCS 225/2)  (from Ch. 144, par. 2952)
23    Sec. 2. Definitions. In this Act:
24    "Board" means the Illinois Board of Higher Education.

 

 

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1    "Nonpublic institution of higher education" means an
2educational organization, other than a public institution of
3higher education, that provides a minimum of an organized 2
4year program at the private junior college level or higher and
5that operates in conformity with standards substantially
6equivalent to those of the public institutions of higher
7education.
8    "Public institution of higher education" means the
9University of Illinois, Southern Illinois University at
10Carbondale, Southern Illinois University at Edwardsville,
11Chicago State University, Eastern Illinois University,
12Governors State University, Illinois State University,
13Northeastern Illinois University, Northern Illinois
14University, Western Illinois University, the public community
15colleges of this State, and any other public universities,
16colleges and community colleges now or hereafter established or
17authorized by the General Assembly.
18    "Cooperative work study" means an academically related
19work and study experience with business, industry, government
20or other agencies and organizations. Cooperative work study may
21include, but is not limited to, summer internships, clinical
22placements, internships and work experiences during the
23academic year.
24(Source: P.A. 89-4, eff. 1-1-96.)
 
25    Section 230. The University of Illinois Act is amended by

 

 

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1changing Section 7f as follows:
 
2    (110 ILCS 305/7f)  (from Ch. 144, par. 28f)
3    Sec. 7f. Partial tuition waivers.
4    (a) As used in this Section, "Illinois college or
5university" means any of the following: the University of
6Illinois, Southern Illinois University at Carbondale, Southern
7Illinois University at Edwardsville, Chicago State University,
8Eastern Illinois University, Governors State University,
9Illinois State University, Northeastern Illinois University,
10Northern Illinois University, and Western Illinois University.
11    (b) Each year the Board of Trustees of the University of
12Illinois shall offer 50% tuition waivers for undergraduate
13education at any campus under its governance or supervision to
14the children of employees of an Illinois college or university
15who have been employed by any one or by more than one Illinois
16college or university for an aggregate period of at least 7
17years. To be eligible to receive a partial tuition waiver, the
18child of an employee of an Illinois college or university (i)
19must be under the age of 25 at the commencement of the academic
20year during which the partial tuition waiver is to be
21effective, and (ii) must qualify for admission to the
22University of Illinois under the same admissions requirements,
23standards and policies which the University of Illinois applies
24to applicants for admission generally to its respective
25undergraduate colleges and programs.

 

 

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1    (c) Subject to the provisions and limitations of subsection
2(b), an eligible applicant who has continued to maintain
3satisfactory academic progress toward graduation may have his
4or her partial tuition waiver renewed until the time as he or
5she has expended 4 years of undergraduate partial tuition
6waiver benefits under this Section.
7    (d) No partial tuition waiver offered or allocated to any
8eligible applicant in accordance with the provisions of this
9Section shall be charged against any tuition waiver limitation
10established by the Illinois Board of Higher Education.
11    (e) The Board of Trustees shall prescribe rules and
12regulations as are necessary to implement and administer the
13provisions of this Section.
14(Source: P.A. 90-282, eff. 1-1-98.)
 
15    Section 235. The Southern Illinois University Objects Act
16is amended by changing the title and Sections 2, 12, and 15 as
17follows:
 
18    (110 ILCS 510/Act title)
19An Act in relation to the Southern Illinois University at
20Carbondale and Southern Illinois University at Edwardsville.
 
21    (110 ILCS 510/2)  (from Ch. 144, par. 602)
22    Sec. 2. The objects of Southern Illinois University at
23Carbondale and Southern Illinois University at Edwardsville

 

 

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1shall be to qualify teachers for the schools of this State in
2all branches of study which pertain to a common school
3education; to teach such branches of learning as are related to
4agriculture and the mechanic arts, including military tactics;
5to offer such courses of instruction as shall best serve to
6provide liberal and vocational education customarily offered
7at the college level; and to offer such other courses of
8instruction as these Universities determine the University
9determines; provided no professional courses culminating in
10degrees in law, medicine, dentistry or pharmacy may be offered
11by such Universities University unless approved by the Board of
12Higher Education as provided in Section 7 of the Board of
13Higher Education Act "An Act creating a Board of Higher
14Education, defining its powers and duties, making an
15appropriation therefor, and repealing an Act herein named",
16approved August 22, 1961, as heretofore and hereafter amended.
17(Source: Laws 1963, p. 3272.)
 
18    (110 ILCS 510/12)  (from Ch. 144, par. 612)
19    Sec. 12. The Board of Trustees of Southern Illinois
20University at Carbondale and the Board of Trustees of Southern
21Illinois University at Edwardsville shall appoint instructors,
22and such officers as may be required, fix their respective
23salaries and prescribe their duties. Each The board may remove
24any instructor or officer for proper cause giving 10 ten days'
25notice of any charge presented, and reasonable opportunity of

 

 

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1defense. Each The board shall prescribe and provide the
2textbooks, apparatus and furniture to be used in the university
3and make all regulations necessary for its management. Each The
4board may, on recommendation of the faculty of the university,
5issue diplomas to persons who have satisfactorily completed the
6required studies and confer such degrees as are suitable for
7the courses of study authorized by Section 2.
8(Source: Laws 1949, p. 1420.)
 
9    (110 ILCS 510/15)  (from Ch. 144, par. 615)
10    Sec. 15. The expense of the building, improving, repairing
11and supplying fuel and furniture and the necessary appliances
12and apparatus for conducting said universities school, and the
13salaries or compensation of the Board of Trustees of Southern
14Illinois University at Carbondale and the Board of Trustees of
15Southern Illinois University at Edwardsville, the
16superintendent, assistants, agents and employees, shall be a
17charge upon the State Treasury; all other expenses shall be
18chargeable against pupils, and each the Board of Trustees of
19Southern Illinois University shall regulate the charges
20accordingly.
21(Source: Laws 1949, p. 1420.)
 
22    Section 240. The Southern Illinois University Management
23Act is amended by changing the title and Sections 1, 2, 4, 5,
246.6, 8, 8a, 8b, 8c, 8e, and 8f and adding Sections 0.05, 1.5,

 

 

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11.10, 3.5, 3.10, and 3.15 as follows:
 
2    (110 ILCS 520/Act title)
3An Act providing for the management, operation, control and
4maintenance of Southern Illinois University at Carbondale and
5Southern Illinois University at Edwardsville.
 
6    (110 ILCS 520/0.05 new)
7    Sec. 0.05. Definitions. In this Act:
8    "Board" and "Board of Trustees" mean both the Board of
9Trustees of Southern Illinois University at Carbondale and the
10Board of Trustees of Southern Illinois University at
11Edwardsville.
12    "University" means both Southern Illinois University at
13Carbondale and Southern Illinois University at Edwardsville.
 
14    (110 ILCS 520/1)  (from Ch. 144, par. 651)
15    Sec. 1. There is hereby created a body politic and
16corporate which shall be styled the Board of Trustees of
17Southern Illinois University to operate, manage, control and
18maintain the University, hereinafter called the Board. The
19Board of Trustees of Southern Illinois University is abolished
20on July 1, 2018. On July 1, 2018, the governance and control of
21Southern Illinois University shall pass to and rest within the
22new boards of trustees created under Sections 1.5 and 1.10 of
23this Act as provided by law. The sole function and power of the

 

 

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1Board of Trustees of Southern Illinois University from June 1,
22018 until its abolition on July 1, 2018 shall be to assist in
3transferring all books, records, papers, documents, pending
4business, accounts, and all real and personal property
5belonging to or held for the use and benefit of Southern
6Illinois University that until July 1, 2018 was under the Board
7of Trustees' governance to the new boards of trustees as
8provided by law.
9(Source: Laws 1951, p. 1407.)
 
10    (110 ILCS 520/1.5 new)
11    Sec. 1.5. Southern Illinois University at Carbondale;
12creation of board.
13    (a) There is hereby created a body politic and corporate
14that shall be styled the Board of Trustees of Southern Illinois
15University at Carbondale to operate, manage, control, and
16maintain Southern Illinois University at Carbondale.
17    (b) That part of Southern Illinois University associated
18with the Carbondale campus and the School of Law before July 1,
192018, shall hereafter be known as Southern Illinois University
20at Carbondale, shall be under the governance and control of the
21Board of Trustees of Southern Illinois University at
22Carbondale, and beginning on July 1, 2018, shall award
23appropriate degrees in the name of Southern Illinois University
24at Carbondale.
 

 

 

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1    (110 ILCS 520/1.10 new)
2    Sec. 1.10. Southern Illinois University at Edwardsville;
3creation of board.
4    (a) There is hereby created a body politic and corporate
5that shall be styled the Board of Trustees of Southern Illinois
6University at Edwardsville to operate, manage, control, and
7maintain Southern Illinois University at Edwardsville.
8    (b) That part of the Southern Illinois University
9associated with the Edwardsville campus and the School of
10Medicine, School of Dental Medicine, School of Pharmacy, School
11of Nursing, and the East St. Louis Center before July 1, 2018
12shall hereafter be known as Southern Illinois University at
13Edwardsville, shall be under the governance and control of the
14Board of Trustees of Southern Illinois University at
15Edwardsville, and beginning on July 1, 2018, shall award
16appropriate degrees in the name of Southern Illinois University
17at Edwardsville.
 
18    (110 ILCS 520/2)  (from Ch. 144, par. 652)
19    Sec. 2. The Board shall consist of 7 voting members
20appointed by the Governor, by and with the advice and consent
21of the Senate, the Superintendent of Public Instruction, or his
22chief assistant for liaison with higher education when
23designated to serve in his place, ex-officio, and one voting
24student member designated by the Governor from one campus of
25the University and one nonvoting student member who is a

 

 

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1student at from the campus of the University not represented by
2the voting student member. The Governor shall designate one of
3the student members serving on the Board to serve as the voting
4student member. Each student member shall be chosen by the
5respective campuses of Southern Illinois University at
6Carbondale and Edwardsville. The method of choosing the these
7student member members shall be by campus-wide student
8election, and any student designated by the Governor to be a
9voting student member shall be one of the students chosen by
10this method. The student member members shall serve a term
11terms of one year beginning on July 1 of each year, except that
12the student member members initially selected shall serve a
13term beginning on the date of such selection and expiring on
14the next succeeding June 30. To be eligible for selection as a
15student member and to be eligible to remain as a voting or
16nonvoting student member of the Board, the a student member
17must be a resident of this State, must have and maintain a
18grade point average that is equivalent to at least 2.5 on a 4.0
19scale, and must be a full time student enrolled at all times
20during his or her term of office except for that part of the
21term which follows the completion of the last full regular
22semester of an academic year and precedes the first full
23regular semester of the succeeding academic year at the
24university (sometimes commonly referred to as the summer
25session or summer school). If the a voting or nonvoting student
26member serving on the Board fails to continue to meet or

 

 

10000HB1292ham001- 196 -LRB100 02980 AXK 38413 a

1maintain the residency, minimum grade point average, or
2enrollment requirement established by this Section, his or her
3membership on the Board shall be deemed to have terminated by
4operation of law. No more than 4 of the members appointed by
5the Governor shall be affiliated with the same political party.
6Each member appointed by the Governor must be a resident of
7this State. A failure to meet or maintain this residency
8requirement constitutes a resignation from and creates a
9vacancy in the Board. Of the members first appointed by the
10Governor, 4 shall be appointed for terms to expire on the third
11Monday in January, 2022 and 3 shall be appointed for terms to
12expire on the third Monday in January, 2024. If the Senate is
13not in session on July 1, 2018 or if a vacancy in an appointive
14membership occurs at a time when the Senate is not in session,
15the Governor shall make temporary appointments until the next
16meeting of the Senate when he or she shall nominate persons to
17fill such memberships for the remainder of their respective
18terms. Upon the expiration of the terms of members appointed by
19the Governor, their respective successors shall be appointed
20for terms of 6 years from the third Monday in January of each
21odd-numbered year and until their respective successors are
22appointed for like terms. If the Senate is not in session
23appointments shall be made as in the case of vacancies.
24(Source: P.A. 91-778, eff. 1-1-01; 91-798, eff. 7-9-00; 92-16,
25eff. 6-28-01.)
 

 

 

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1    (110 ILCS 520/3.5 new)
2    Sec. 3.5. Southern Illinois University at Carbondale;
3transfer of authority. All of the rights, powers, and duties
4vested by law in the Board of Trustees of Southern Illinois
5University before July 1, 2014 and relating to the operation,
6management, control, and maintenance of Southern Illinois
7University at Carbondale prior to its change of name and status
8are hereby transferred to and vested in the Board of Trustees
9of Southern Illinois University at Carbondale.
10    All books, records, papers, documents, and pending
11business in any way pertaining to Southern Illinois University
12at Carbondale prior to its change of name and status and held
13by the Board of Trustees of Southern Illinois University before
14July 1, 2018 are hereby transferred from the Board of Trustees
15of Southern Illinois University to the Board of Trustees of
16Southern Illinois University at Carbondale.
17    On July 1, 2018, the rules and regulations previously
18promulgated by the Board of Trustees of Southern Illinois
19University and applicable to Southern Illinois University at
20Carbondale prior to its change of name and status shall be the
21rules and regulations applicable to Southern Illinois
22University at Carbondale, provided that, beginning on July 1,
232018, any or all of the rules and regulations may be changed or
24rescinded by the Board of Trustees of Southern Illinois
25University at Carbondale.
26    The right of custody, possession, and control over all

 

 

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1items of income, funds, or deposits in any way pertaining to
2Southern Illinois University at Carbondale prior to its change
3of name and status that before July 1, 2018 were held or
4retained by or under the jurisdiction of the Board of Trustees
5of Southern Illinois University under the authority of the
6State Finance Act as that Act existed before July 1, 2018, is
7hereby transferred to and vested in the Board of Trustees of
8Southern Illinois University at Carbondale to be retained by
9Southern Illinois University at Carbondale in its own treasury,
10or deposited with a bank or savings and loan association, all
11in accordance with the provisions of the State Finance Act.
12    There is hereby transferred from the Board of Trustees of
13Southern Illinois University to the Board of Trustees of
14Southern Illinois University at Carbondale the power of order
15and direction over the disbursement of those funds in any way
16pertaining to Southern Illinois University at Carbondale prior
17to its change of name and status that immediately prior to the
18effective date of this amendatory Act of the 100th General
19Assembly were retained by Southern Illinois University in its
20own treasury under the authority of the State Finance Act as
21that Act existed prior to July 1, 2018, provided that such
22funds shall be disbursed from time to time pursuant to the
23order and direction of the Board of Trustees of Southern
24Illinois University at Carbondale in accordance with any
25contracts, pledges, trusts, or agreements heretofore made with
26respect to the use or application of such funds by the Board of

 

 

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1Trustees of Southern Illinois University.
2    The Board of Trustees of Southern Illinois University at
3Carbondale shall succeed to, assume, and exercise all rights,
4powers, duties, and responsibilities formerly exercised by the
5Board of Trustees of Southern Illinois University on behalf of
6Southern Illinois University at Carbondale before its change of
7name and status. All contracts and agreements entered into by
8the Board of Trustees of Southern Illinois University on behalf
9of Southern Illinois University at Carbondale before its change
10of name and status shall subsist notwithstanding the transfer
11of the functions of the Board of Trustees of Southern Illinois
12University, with respect to Southern Illinois University at
13Carbondale prior to its change of name and status, to the Board
14of Trustees of Southern Illinois University at Carbondale. All
15bonds, notes, and other evidences of indebtedness outstanding
16on July 1, 2018 issued by the Board of Trustees of Southern
17Illinois University on behalf of Southern Illinois University
18at Carbondale before its change of name and status shall become
19the bonds, notes, or other evidences of indebtedness of
20Southern Illinois University at Carbondale and shall be
21otherwise unaffected by the transfer of functions to the Board
22of Trustees of Southern Illinois University at Carbondale. Any
23action with respect to Southern Illinois University at
24Carbondale prior to its change of name and status, including
25without limitation approvals of applications for bonds and
26resolutions constituting official action under the Internal

 

 

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1Revenue Code, by the Board of Trustees of Southern Illinois
2University before July 1, 2014 shall remain effective to the
3same extent as if that action had been taken by the Board of
4Trustees of Southern Illinois University at Carbondale and
5shall be deemed to be action taken by the Board of Trustees of
6Southern Illinois University at Carbondale for Southern
7Illinois University at Carbondale.
8    The title to all other property, whether real, personal or
9mixed, and all accounts receivable belonging to or under the
10jurisdiction of the Board of Trustees of Southern Illinois
11University for Southern Illinois University at Carbondale
12prior to its change of name and status is hereby transferred to
13and vested in the Board of Trustees of Southern Illinois
14University at Carbondale to be held for the People of the State
15of Illinois.
16    The employment of all academic and nonacademic personnel of
17Southern Illinois University at Carbondale prior to its change
18of name and status is hereby transferred from the Board of
19Trustees of Southern Illinois University to the Board of
20Trustees of Southern Illinois University at Carbondale, but the
21locus of employment shall not be transferred. The transfer
22shall not affect the status and rights of any person under the
23State Universities Retirement System or the State Universities
24Civil Service System. On July 1, 2018, the individuals whose
25employment is so transferred shall be credited with earned
26vacation days and sick leave days accrued before the transfer.

 

 

10000HB1292ham001- 201 -LRB100 02980 AXK 38413 a

1    On July 1, 2018, individuals who were students of Southern
2Illinois University at Carbondale prior to its change of name
3and status shall be students of Southern Illinois University at
4Carbondale.
 
5    (110 ILCS 520/3.10 new)
6    Sec. 3.10. Southern Illinois University at Edwardsville;
7transfer of authority. All of the rights, powers, and duties
8vested by law in the Board of Trustees of Southern Illinois
9University before July 1, 2018 and relating to the operation,
10management, control, and maintenance of Southern Illinois
11University at Edwardsville prior to its change of name and
12status are hereby transferred to and vested in the Board of
13Trustees of Southern Illinois University at Edwardsville.
14    All books, records, papers, documents, and pending
15business in any way pertaining to Southern Illinois University
16at Edwardsville prior to its change of name and status and held
17by the Board of Trustees of Southern Illinois University before
18July 1, 2018 are hereby transferred from the Board of Trustees
19of Southern Illinois University to the Board of Trustees of
20Southern Illinois University at Edwardsville.
21    On July 1, 2018, the rules and regulations previously
22promulgated by the Board of Trustees of Southern Illinois
23University and applicable to Southern Illinois University at
24Edwardsville prior to its change of name and status shall be
25the rules and regulations applicable to Southern Illinois

 

 

10000HB1292ham001- 202 -LRB100 02980 AXK 38413 a

1University at Edwardsville, provided that, beginning on July 1,
22018, any or all of the rules and regulations may be changed or
3rescinded by the Board of Trustees of Southern Illinois
4University at Edwardsville.
5    The right of custody, possession, and control over all
6items of income, funds, or deposits in any way pertaining to
7Southern Illinois University at Edwardsville prior to its
8change of name and status that before July 1, 2018 were held or
9retained by or under the jurisdiction of the Board of Trustees
10of Southern Illinois University under the authority of the
11State Finance Act as that Act existed before July 1, 2018, is
12hereby transferred to and vested in the Board of Trustees of
13Southern Illinois University at Edwardsville to be retained by
14Southern Illinois University at Edwardsville in its own
15treasury, or deposited with a bank or savings and loan
16association, all in accordance with the provisions of the State
17Finance Act.
18    There is hereby transferred from the Board of Trustees of
19Southern Illinois University to the Board of Trustees of
20Southern Illinois University at Edwardsville the power of order
21and direction over the disbursement of those funds in any way
22pertaining to Southern Illinois University at Edwardsville
23prior to its change of name and status that immediately prior
24to the effective date of this amendatory Act of the 100th
25General Assembly were retained by Southern Illinois University
26in its own treasury under the authority of the State Finance

 

 

10000HB1292ham001- 203 -LRB100 02980 AXK 38413 a

1Act as that Act existed prior to July 1, 2018, provided that
2such funds shall be disbursed from time to time pursuant to the
3order and direction of the Board of Trustees of Southern
4Illinois University at Edwardsville in accordance with any
5contracts, pledges, trusts, or agreements heretofore made with
6respect to the use or application of such funds by the Board of
7Trustees of Southern Illinois University.
8    The Board of Trustees of Southern Illinois University at
9Edwardsville shall succeed to, assume, and exercise all rights,
10powers, duties, and responsibilities formerly exercised by the
11Board of Trustees of Southern Illinois University on behalf of
12Southern Illinois University at Edwardsville before its change
13of name and status. All contracts and agreements entered into
14by the Board of Trustees of Southern Illinois University on
15behalf of Southern Illinois University at Edwardsville before
16its change of name and status shall subsist notwithstanding the
17transfer of the functions of the Board of Trustees of Southern
18Illinois University, with respect to Southern Illinois
19University at Edwardsville prior to its change of name and
20status, to the Board of Trustees of Southern Illinois
21University at Edwardsville. All bonds, notes, and other
22evidences of indebtedness outstanding on July 1, 2018 issued by
23the Board of Trustees of Southern Illinois University on behalf
24of Southern Illinois University at Edwardsville before its
25change of name and status shall become the bonds, notes, or
26other evidences of indebtedness of Southern Illinois

 

 

10000HB1292ham001- 204 -LRB100 02980 AXK 38413 a

1University at Edwardsville and shall be otherwise unaffected by
2the transfer of functions to the Board of Trustees of Southern
3Illinois University at Edwardsville. Any action with respect to
4Southern Illinois University at Edwardsville prior to its
5change of name and status, including without limitation
6approvals of applications for bonds and resolutions
7constituting official action under the Internal Revenue Code,
8by the Board of Trustees of Southern Illinois University before
9July 1, 2018 shall remain effective to the same extent as if
10that action had been taken by the Board of Trustees of Southern
11Illinois University at Edwardsville and shall be deemed to be
12action taken by the Board of Trustees of Southern Illinois
13University at Edwardsville for Southern Illinois University at
14Edwardsville.
15    The title to all other property, whether real, personal or
16mixed, and all accounts receivable belonging to or under the
17jurisdiction of the Board of Trustees of Southern Illinois
18University for Southern Illinois University at Edwardsville
19prior to its change of name and status is hereby transferred to
20and vested in the Board of Trustees of Southern Illinois
21University at Edwardsville to be held for the People of the
22State of Illinois.
23    The employment of all academic and nonacademic personnel of
24Southern Illinois University at Edwardsville prior to its
25change of name and status is hereby transferred from the Board
26of Trustees of Southern Illinois University to the Board of

 

 

10000HB1292ham001- 205 -LRB100 02980 AXK 38413 a

1Trustees of Southern Illinois University at Edwardsville, but
2the locus of employment shall not be transferred. The transfer
3shall not affect the status and rights of any person under the
4State Universities Retirement System or the State Universities
5Civil Service System. On July 1, 2018, the individuals whose
6employment is so transferred shall be credited with earned
7vacation days and sick leave days accrued before the transfer.
8    On July 1, 2018, individuals who were students of Southern
9Illinois University at Edwardsville prior to its change of name
10and status shall be students of Southern Illinois University at
11Edwardsville.
 
12    (110 ILCS 520/3.15 new)
13    Sec. 3.15. Inability to transfer. Anything under Section
143.5 or 3.10 of this Act that cannot be transferred to the Board
15of Trustees of Southern Illinois University at Carbondale or
16the Board of Trustees of Southern Illinois University at
17Edwardsville because it was not related to either Southern
18Illinois University at Carbondale prior to its change of name
19and status or Southern Illinois University at Edwardsville
20prior to its change of name and status shall be divided
21equally, if possible, or shared between the 2 universities.
 
22    (110 ILCS 520/4)  (from Ch. 144, par. 654)
23    Sec. 4. Members of the Board shall serve without
24compensation but shall be entitled to reasonable amounts for

 

 

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1expenses necessarily incurred in the performance of their
2duties. Such expenses incurred by the any non-voting student
3member may, at the discretion of the Chairperson Chairman of
4the Board, be provided for by advance payment to the student
5such member, who shall account therefor to the Board
6immediately after each meeting.
7    No member of the Board shall hold or be employed in or
8appointed to any office or place under the authority of the
9Board, nor shall any member of the Board be directly or
10indirectly interested in any contract made by the Board, nor
11shall he or she be an employee of the State government
12Government. This Section section does not prohibit the student
13member members of the Board from maintaining normal and
14official status as an enrolled student students or normal
15student employment at the Southern Illinois University.
16(Source: P.A. 93-1096, eff. 1-1-06.)
 
17    (110 ILCS 520/5)  (from Ch. 144, par. 655)
18    Sec. 5. Members of the Board shall elect annually by secret
19ballot from their own number a chairperson chairman who shall
20preside over meetings of the Board and a secretary.
21    Meetings of the Board shall be held at least once each
22quarter on the a campus of the Southern Illinois University. At
23all regular meetings of the Board, a majority of its voting
24members shall constitute a quorum. The student member members
25shall have all of the privileges of membership, including the

 

 

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1right to make and second motions and to attend executive
2sessions, other than the right to vote, but the except that the
3student member designated by the Governor as the voting student
4member shall have the right to vote on all Board matters except
5those involving faculty tenure, faculty promotion or any issue
6on which the student member has a direct conflict of interest.
7For the purposes of this Section, a student member shall not be
8deemed to have a direct conflict of interest in and may vote on
9any item involving the employment or compensation of the
10Chancellor at any campus or the President of the University or
11the election of officers. A student member who is not entitled
12to vote on a measure at a meeting of the Board or any of its
13committees shall not be considered a member for the purpose of
14determining whether a quorum is present at any meeting of the
15Board or any of its committees the time that measure is voted
16upon. No action of the Board shall be invalidated by reason of
17any vacancies on the Board, or by reason of any failure to
18select a student member.
19    Special meetings of the Board may be called by the
20chairperson chairman of the Board or by any 3 members of the
21Board.
22    At each regular and special meeting that is open to the
23public, members of the public and employees of the University
24shall be afforded time, subject to reasonable constraints, to
25make comments to or ask questions of the Board.
26(Source: P.A. 99-734, eff. 8-5-16.)
 

 

 

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1    (110 ILCS 520/6.6)
2    Sec. 6.6. The Illinois Ethanol Research Advisory Board.
3    (a) There is established the Illinois Ethanol Research
4Advisory Board (the "Advisory Board").
5    (b) The Advisory Board shall be composed of 13 members
6including: the President of Southern Illinois University at
7Edwardsville who shall be Chairperson Chairman; the Director of
8Commerce and Economic Opportunity; the Director of
9Agriculture; the President of the Illinois Corn Growers
10Association; the President of the National Corn Growers
11Association; the President of the Renewable Fuels Association;
12the Dean of the College of Agricultural, Consumer, and
13Environmental Science, University of Illinois at
14Champaign-Urbana; and 6 at-large members appointed by the
15Governor representing the ethanol industry, growers,
16suppliers, and universities.
17    (c) The 6 at-large members shall serve a term of 4 years.
18The Advisory Board shall meet at least annually or at the call
19of the Chairperson Chairman. At any time a majority of the
20Advisory Board may petition the Chairperson Chairman for a
21meeting of the Board. Seven members of the Advisory Board shall
22constitute a quorum.
23    (d) The Advisory Board shall:
24        (1) Review the annual operating plans and budget of the
25    National Corn-to-Ethanol Research Pilot Plant.

 

 

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1        (2) Advise on research and development priorities and
2    projects to be carried out at the Corn-to-Ethanol Research
3    Pilot Plant.
4        (3) Advise on policies and procedures regarding the
5    management and operation of the ethanol research pilot
6    plant. This may include contracts, project selection, and
7    personnel issues.
8        (4) Develop bylaws.
9        (5) Submit a final report to the Governor and General
10    Assembly outlining the progress and accomplishments made
11    during the year along with a financial report for the year.
12        (6) Establish and operate, subject to specific
13    appropriation for the purpose of providing facility
14    operating funds, the National Corn-to-Ethanol Research
15    Center at Southern Illinois University at Edwardsville as a
16    State Biorefining Center of Excellence with the following
17    purposes and goals:
18            (A) To utilize interdisciplinary,
19        interinstitutional, and industrial collaborations to
20        conduct research.
21            (B) To provide training and services to the ethanol
22        fuel industry to make projects and training to advance
23        the biofuels industry in the State more affordable for
24        the institutional and industrial bodies, including,
25        but not limited to, Illinois farmer-owned ethanol
26        cooperatives.

 

 

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1            (C) To coordinate near-term industry research
2        needs and laboratory services by identifying needs and
3        pursuing federal and other funding sources.
4            (D) To develop and provide hands-on training to
5        prepare students for the biofuels workforce and train
6        workforce reentrants.
7            (E) To serve as an independent, third-party source
8        for review, testing, validation standardization, and
9        definition in areas of industry need.
10            (F) To provide seminars, tours, and informational
11        sessions advocating renewable energy.
12            (G) To provide consultation services and
13        information for those interested in renewable energy.
14            (H) To develop demonstration projects by pursuing
15        federal and other funding sources.
16    (e) The Advisory Board established by this Section is a
17continuation, as changed by the Section, of the Board
18established under Section 8a of the Energy Conservation and
19Coal Act and repealed by this amendatory Act of the 92nd
20General Assembly.
21(Source: P.A. 94-793, eff. 5-19-06; 95-99, eff. 1-1-08.)
 
22    (110 ILCS 520/8)  (from Ch. 144, par. 658)
23    Sec. 8. Powers and duties of the Board. The Board shall
24have power and it shall be its duty:
25        1. To make rules, regulations and by-laws, not

 

 

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1    inconsistent with law, for the government and management of
2    the Southern Illinois University and its branches.
3        2. To employ, and, for good cause, to remove a
4    president of the Southern Illinois University, and all
5    necessary deans, professors, associate professors,
6    assistant professors, instructors, and other educational
7    and administrative assistants, and all other necessary
8    employees, and contract with them upon matters relating to
9    tenure, salaries and retirement benefits in accordance
10    with the State Universities Civil Service Act; the Board
11    shall, upon the written request of an employee of the
12    Southern Illinois University, withhold from the
13    compensation of that employee any dues, payments or
14    contributions payable by such employee to any labor
15    organization as defined in the Illinois Educational Labor
16    Relations Act. Under such arrangement, an amount shall be
17    withheld from each regular payroll period which is equal to
18    the pro rata share of the annual dues plus any payments or
19    contributions, and the Board shall transmit such
20    withholdings to the specified labor organization within 10
21    working days from the time of the withholding. Whenever the
22    Board establishes a search committee to fill the position
23    of president of the Southern Illinois University, there
24    shall be minority representation, including women, on that
25    search committee.
26        3. To prescribe the course of study to be followed, and

 

 

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1    textbooks and apparatus to be used at the Southern Illinois
2    University.
3        4. To issue upon the recommendation of the faculty,
4    diplomas to such persons as have satisfactorily completed
5    the required studies of the Southern Illinois University,
6    and confer such professional and literary degrees as are
7    usually conferred by other institutions of like character
8    for similar or equivalent courses of study, or such as the
9    Board may deem appropriate.
10        5. To examine into the conditions, management, and
11    administration of the Southern Illinois University, to
12    provide the requisite buildings, apparatus, equipment and
13    auxiliary enterprises, and to fix and collect
14    matriculation fees; tuition fees; fees for student
15    activities; fees for student facilities such as student
16    union buildings or field houses or stadium or other
17    recreational facilities; student welfare fees; laboratory
18    fees and similar fees for supplies and material.
19        6. To succeed to and to administer all trusts, trust
20    property, and gifts now or hereafter belonging or
21    pertaining to the Southern Illinois University.
22        7. To accept endowments of professorships or
23    departments in the University from any person who may
24    proffer them and, at regular meetings, to prescribe rules
25    and regulations in relation to endowments and declare on
26    what general principles they may be accepted.

 

 

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1        8. To enter into contracts with the Federal government
2    for providing courses of instruction and other services at
3    the Southern Illinois University for persons serving in or
4    with the military or naval forces of the United States, and
5    to provide such courses of instruction and other services.
6        9. To provide for the receipt and expenditures of
7    Federal funds, paid to the Southern Illinois University by
8    the Federal government for instruction and other services
9    for persons serving in or with the military or naval forces
10    of the United States and to provide for audits of such
11    funds.
12        10. To appoint, subject to the applicable civil service
13    law, persons to be members of the Southern Illinois
14    University Police Department. Members of the Police
15    Department shall be conservators of the peace and as such
16    have all powers possessed by policemen in cities, and
17    sheriffs, including the power to make arrests on view or
18    warrants of violations of state statutes, university rules
19    and regulations and city or county ordinances, except that
20    they may exercise such powers only within counties wherein
21    the university and any of its branches or properties are
22    located when such is required for the protection of
23    university properties and interests, and its students and
24    personnel, and otherwise, within such counties, when
25    requested by appropriate State or local law enforcement
26    officials. However, such officers shall have no power to

 

 

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1    serve and execute civil processes.
2        The Board must authorize to each member of the Southern
3    Illinois University Police Department and to any other
4    employee of the Southern Illinois University exercising
5    the powers of a peace officer a distinct badge that, on its
6    face, (i) clearly states that the badge is authorized by
7    the Southern Illinois University and (ii) contains a unique
8    identifying number. No other badge shall be authorized by
9    the Southern Illinois University.
10        10.5. To conduct health care programs in furtherance of
11    its teaching, research, and public service functions,
12    which shall include without limitation patient and
13    ancillary facilities, institutes, clinics, or offices
14    owned, leased, or purchased through an equity interest by
15    the Board or its appointed designee to carry out such
16    activities in the course of or in support of the Board's
17    academic, clinical, and public service responsibilities.
18        10.10. With respect to the Board of Trustees of
19    Southern Illinois University at Edwardsville, to
20    administer the School of Medicine, School of Dental
21    Medicine, School of Pharmacy, School of Nursing, and the
22    East St. Louis Center.
23        11. With respect to the Board of Trustees of Southern
24    Illinois University at Edwardsville, to To administer a
25    plan or plans established by the clinical faculty of the
26    School of Medicine or the School of Dental Medicine for the

 

 

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1    billing, collection and disbursement of charges for
2    services performed in the course of or in support of the
3    faculty's academic responsibilities, provided that such
4    plan has been first approved by Board action. All such
5    collections shall be deposited into a special fund or funds
6    administered by the Board from which disbursements may be
7    made according to the provisions of said plan. The
8    reasonable costs incurred, by the University,
9    administering the billing, collection and disbursement
10    provisions of a plan shall have first priority for payment
11    before distribution or disbursement for any other purpose.
12    Audited financial statements of the plan or plans must be
13    provided to the Legislative Audit Commission annually.
14        The Board of Trustees may own, operate, or govern, by
15    or through the School of Medicine, a managed care community
16    network established under subsection (b) of Section 5-11 of
17    the Illinois Public Aid Code.
18        12. The Board of Trustees may, directly or in
19    cooperation with other institutions of higher education,
20    acquire by purchase or lease or otherwise, and construct,
21    enlarge, improve, equip, complete, operate, control and
22    manage medical research and high technology parks,
23    together with the necessary lands, buildings, facilities,
24    equipment, and personal property therefor, to encourage
25    and facilitate (a) the location and development of business
26    and industry in the State of Illinois, and (b) the

 

 

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1    increased application and development of technology and
2    (c) the improvement and development of the State's economy.
3    The Board of Trustees may lease to nonprofit corporations
4    all or any part of the land, buildings, facilities,
5    equipment or other property included in a medical research
6    and high technology park upon such terms and conditions as
7    the Board of Trustees may deem advisable and enter into any
8    contract or agreement with such nonprofit corporations as
9    may be necessary or suitable for the construction,
10    financing, operation and maintenance and management of any
11    such park; and may lease to any person, firm, partnership
12    or corporation, either public or private, any part or all
13    of the land, building, facilities, equipment or other
14    property of such park for such purposes and upon such
15    rentals, terms and conditions as the Board of Trustees may
16    deem advisable; and may finance all or part of the cost of
17    any such park, including the purchase, lease,
18    construction, reconstruction, improvement, remodeling,
19    addition to, and extension and maintenance of all or part
20    of such high technology park, and all equipment and
21    furnishings, by legislative appropriations, government
22    grants, contracts, private gifts, loans, receipts from the
23    operation of such high technology park, rentals and similar
24    receipts; and may make its other facilities and services
25    available to tenants or other occupants of any such park at
26    rates which are reasonable and appropriate.

 

 

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1        13. To borrow money, as necessary, from time to time in
2    anticipation of receiving tuition, payments from the State
3    of Illinois, or other revenues or receipts of the
4    University, also known as anticipated moneys. The
5    borrowing limit shall be capped at 100% of the total amount
6    of payroll and other expense vouchers submitted and payable
7    to the University for fiscal year 2010 expenses, but unpaid
8    by the State Comptroller's office. Prior to borrowing any
9    funds, the University shall request from the Comptroller's
10    office a verification of the borrowing limit and shall
11    include the estimated date on which such borrowing shall
12    occur. The borrowing limit cap shall be verified by the
13    State Comptroller's office not prior to 45 days before any
14    estimated date for executing any promissory note or line of
15    credit established under this item 13. The principal amount
16    borrowed under a promissory note or line of credit shall
17    not exceed 75% of the borrowing limit. Within 15 days after
18    borrowing funds under any promissory note or line of credit
19    established under this item 13, the University shall submit
20    to the Governor's Office of Management and Budget, the
21    Speaker of the House of Representatives, the Minority
22    Leader of the House of Representatives, the President of
23    the Senate, and the Minority Leader of the Senate an
24    Emergency Short Term Cash Management Plan. The Emergency
25    Short Term Cash Management Plan shall outline the amount
26    borrowed, the terms for repayment, the amount of

 

 

10000HB1292ham001- 218 -LRB100 02980 AXK 38413 a

1    outstanding State vouchers as verified by the State
2    Comptroller's office, and the University's plan for
3    expenditure of any borrowed funds, including, but not
4    limited to, a detailed plan to meet payroll obligations to
5    include collective bargaining employees, civil service
6    employees, and academic, research, and health care
7    personnel. The establishment of any promissory note or line
8    of credit established under this item 13 must be finalized
9    within 90 days after the effective date of this amendatory
10    Act of the 96th General Assembly. The borrowed moneys shall
11    be applied to the purposes of paying salaries and other
12    expenses lawfully authorized in the University's State
13    appropriation and unpaid by the State Comptroller. Any line
14    of credit established under this item 13 shall be paid in
15    full one year after creation or within 10 days after the
16    date the University receives reimbursement from the State
17    for all submitted fiscal year 2010 vouchers, whichever is
18    earlier. Any promissory note established under this item 13
19    shall be repaid within one year after issuance of the note.
20    The Chairman, Comptroller, or Treasurer of the Board shall
21    execute a promissory note or similar debt instrument to
22    evidence the indebtedness incurred by the borrowing. In
23    connection with a borrowing, the Board may establish a line
24    of credit with a financial institution, investment bank, or
25    broker/dealer. The obligation to make the payments due
26    under any promissory note or line of credit established

 

 

10000HB1292ham001- 219 -LRB100 02980 AXK 38413 a

1    under this item 13 shall be a lawful obligation of the
2    University payable from the anticipated moneys. Any
3    borrowing under this item 13 shall not constitute a debt,
4    legal or moral, of the State and shall not be enforceable
5    against the State. The promissory note or line of credit
6    shall be authorized by a resolution passed by the Board and
7    shall be valid whether or not a budgeted item with respect
8    to that resolution is included in any annual or
9    supplemental budget adopted by the Board. The resolution
10    shall set forth facts demonstrating the need for the
11    borrowing, state an amount that the amount to be borrowed
12    will not exceed, and establish a maximum interest rate
13    limit not to exceed the maximum rate authorized by the Bond
14    Authorization Act or 9%, whichever is less. The resolution
15    may direct the Comptroller or Treasurer of the Board to
16    make arrangements to set apart and hold the portion of the
17    anticipated moneys, as received, that shall be used to
18    repay the borrowing, subject to any prior pledges or
19    restrictions with respect to the anticipated moneys. The
20    resolution may also authorize the Treasurer of the Board to
21    make partial repayments of the borrowing as the anticipated
22    moneys become available and may contain any other terms,
23    restrictions, or limitations not inconsistent with the
24    powers of the Board.
25        For the purposes of this item 13, "financial
26    institution" means any bank subject to the Illinois Banking

 

 

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1    Act, any savings and loan association subject to the
2    Illinois Savings and Loan Act of 1985, and any federally
3    chartered commercial bank or savings and loan association
4    or government-sponsored enterprise organized and operated
5    in this State pursuant to the laws of the United States.
6    The powers of the Board as herein designated are subject to
7the Board of Higher Education Act.
8(Source: P.A. 100-400, eff. 8-25-17.)
 
9    (110 ILCS 520/8a)  (from Ch. 144, par. 658a)
10    Sec. 8a. (1) The Board shall provide each member of the
11Southern Illinois University Police Department without cost to
12him public liability insurance covering him for any liability
13which arises out of his employment to the extent of the
14insurance policy limits which shall be not less than $50,000.
15    (2) The Board shall have power to insure the Board, the
16University and its branches universities under Board
17jurisdiction, Board members, paid and unpaid employees of the
18Board, and any students, volunteer workers, visiting faculty
19and professionals who are agents of the Board in the
20performance or delivery of its programs or services against
21claims, damages, losses, expenses and civil suits arising out
22of statements, acts or omissions in the discharge of their
23duties, which statements, acts or omissions do not involve
24intentional or willful and wanton misconduct on the part of
25such persons; and to insure against losses to real and personal

 

 

10000HB1292ham001- 221 -LRB100 02980 AXK 38413 a

1property owned by the Board or in the actual or constructive
2custody of the Board and for loss of income from such real and
3personal property. The Board shall have power to defend, hold
4harmless and indemnify, in whole or in part, all persons as to
5whom any such insurance is provided. Pursuant to its power to
6insure, the Board may establish and accumulate reserves for
7payment of such claims, damages, losses, expenses and civil
8suit awards or obtain insurance affording coverage for such
9matters. Reserves established by the Board for the foregoing
10purpose shall be subject to the following conditions:
11    (a) The amount of such reserves shall not exceed the amount
12necessary and proper, based on past experience or independent
13actuarial determinations;
14    (b) All earnings derived from such reserves shall be
15considered part of the reserves and may be used only for the
16same purposes for which the reserves may be used;
17    (c) Reserves may be used only for the purposes of making
18payments for civil suits, claims, damages, losses and expenses,
19including attorneys fees, claims investigation costs and
20actuarial studies associated with liabilities arising out of
21statements, acts or omissions of individuals in the discharge
22of their duties, which statements, acts or omissions do not
23involve intentional or willful and wanton misconduct on the
24part of such individuals, for payment of insurance premiums,
25and for the purposes of making payments for losses resulting
26from any insured peril;

 

 

10000HB1292ham001- 222 -LRB100 02980 AXK 38413 a

1    (d) All funds collected for the purposes specified in
2paragraph (c) or earmarked for such purposes must be placed in
3the reserves;
4    (e) Whenever the reserves have a balance in excess of what
5is necessary and proper, then contributions, charges,
6assessments or other forms of funding for the reserves shall be
7appropriately decreased.
8    (3) As to all claims, damages, losses, expenses and civil
9suits covered by insurance provided by the Board or as to which
10the Board has not provided insurance, to the extent permitted
11by law, sovereign immunity shall apply and recourse shall be
12limited to the Court of Claims.
13    (4) When permitted by law to enter into an agreement with
14any unit of government, institution of higher education,
15person, or corporation for the use of property or the
16performance of any function, service or act, the Board may
17agree to the sharing or allocation of liabilities and damages
18resulting from such use of property or performance of any
19function, service or act. Such agreement may provide for
20contribution or indemnification by any or all of the parties to
21the agreement upon any liability arising out of the performance
22of the agreement.
23(Source: P.A. 84-1126.)
 
24    (110 ILCS 520/8b)  (from Ch. 144, par. 658b)
25    Sec. 8b. (a) If the Board has provided access to any of the

 

 

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1campuses under its jurisdiction to persons or groups whose
2purpose is to make students aware of educational or
3occupational options, the board shall provide, on an equal
4basis, access to the official recruiting representatives of the
5armed forces of Illinois and the United States for the purpose
6of informing students of educational and career opportunities
7available to them in the military. The board is not required to
8give greater notice regarding the right of access to recruiting
9representatives than is given to other persons and groups.
10    (b) The Board shall not bar or exclude from the curriculum,
11campus, or school facilities of the Southern Illinois
12University any armed forces training program or organization
13operated under the authority of the United States government
14because the program or organization complies with rules,
15regulations, or policies of the United States government or any
16agency, branch, or department thereof.
17(Source: P.A. 87-788.)
 
18    (110 ILCS 520/8c)  (from Ch. 144, par. 658c)
19    Sec. 8c. The Board of Trustees of Southern Illinois
20University shall establish a program to assess the oral English
21language proficiency of all persons providing classroom
22instruction to students at each campus under the jurisdiction,
23governance or supervision of the Board, and shall ensure that
24each person who is not orally proficient in the English
25language attain such proficiency prior to providing any

 

 

10000HB1292ham001- 224 -LRB100 02980 AXK 38413 a

1classroom instruction to students. The program required by this
2Section shall be fully implemented to ensure the oral English
3language proficiency of all classroom instructors at each
4campus under the jurisdiction, governance or supervision of the
5Board by the beginning of the 1987-88 academic year. Any other
6provisions of this Section to the contrary notwithstanding,
7nothing in this Section shall be deemed or construed to apply
8to, or to require such oral English language proficiency of any
9person who provides classroom instruction to students in
10foreign language courses only.
11(Source: P.A. 84-1434.)
 
12    (110 ILCS 520/8e)  (from Ch. 144, par. 658e)
13    Sec. 8e. Admissions.
14    (a) No Commencing in the fall of 1993, no new student shall
15then or thereafter be admitted to instruction in any of the
16departments or colleges of the University unless such student
17also has satisfactorily completed:
18        (1) at least 15 units of high school coursework from
19    the following 5 categories:
20            (A) 4 years of English (emphasizing written and
21        oral communications and literature), of which up to 2
22        years may be collegiate level instruction;
23            (B) 3 years of social studies (emphasizing history
24        and government);
25            (C) 3 years of mathematics (introductory through

 

 

10000HB1292ham001- 225 -LRB100 02980 AXK 38413 a

1        advanced algebra, geometry, trigonometry, or
2        fundamentals of computer programming);
3            (D) 3 years of science (laboratory sciences); and
4            (E) 2 years of electives in foreign language (which
5        may be deemed to include American Sign Language),
6        music, vocational education or art;
7        (2) except that institutions may admit individual
8    applicants if the institution determines through
9    assessment or through evaluation based on learning
10    outcomes of the coursework taken, including vocational
11    education courses and courses taken in a charter school
12    established under Article 27A of the School Code, that the
13    applicant demonstrates knowledge and skills substantially
14    equivalent to the knowledge and skills expected to be
15    acquired in the high school courses required for admission.
16    The Board of Trustees of Southern Illinois University shall
17    not discriminate in the University's admissions process
18    against an applicant for admission because of the
19    applicant's enrollment in a charter school established
20    under Article 27A of the School Code. Institutions may also
21    admit 1) applicants who did not have an opportunity to
22    complete the minimum college preparatory curriculum in
23    high school, and 2) educationally disadvantaged applicants
24    who are admitted to the formal organized special assistance
25    programs that are tailored to the needs of such students,
26    providing that in either case, the institution

 

 

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1    incorporates in the applicant's baccalaureate curriculum
2    courses or other academic activities that compensate for
3    course deficiencies; and
4        (3) except that up to 3 of 15 units of coursework
5    required by paragraph (1) of this subsection may be
6    distributed by deducting no more than one unit each from
7    the categories of social studies, mathematics, sciences
8    and electives and completing those 3 units in any of the 5
9    categories of coursework described in paragraph (1).
10    (b) When allocating funds, local boards of education shall
11recognize their obligation to their students to offer the
12coursework required by subsection (a).
13    (c) A student who has graduated from high school and has
14scored within the University's accepted range on the ACT or SAT
15shall not be required to take a high school equivalency test as
16a prerequisite to admission.
17    (d) The Board shall establish an admissions process in
18which honorably discharged veterans are permitted to submit an
19application for admission to the University as a freshman
20student enrolling in the spring semester if the veteran was on
21active duty during the fall semester. The University may
22request that the Department of Veterans' Affairs confirm the
23status of an applicant as an honorably discharged veteran who
24was on active duty during the fall semester.
25(Source: P.A. 98-718, eff. 1-1-15; 99-806, eff. 8-15-16.)
 

 

 

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1    (110 ILCS 520/8f)  (from Ch. 144, par. 658f)
2    Sec. 8f. Partial tuition waivers.
3    (a) As used in this Section, "Illinois college or
4university" means any of the following: the University of
5Illinois, Southern Illinois University at Carbondale, Southern
6Illinois University at Edwardsville, Chicago State University,
7Eastern Illinois University, Governors State University,
8Illinois State University, Northeastern Illinois University,
9Northern Illinois University, and Western Illinois University.
10    (b) Each year the Board of Trustees of Southern Illinois
11University shall offer 50% tuition waivers for undergraduate
12education at any campus under its governance or supervision to
13the children of employees of an Illinois college or university
14who have been employed by any one or by more than one Illinois
15college or university for an aggregate period of at least 7
16years. To be eligible to receive a partial tuition waiver, the
17child of an employee of an Illinois college or university (i)
18must be under the age of 25 at the commencement of the academic
19year during which the partial tuition waiver is to be
20effective, and (ii) must qualify for admission to the Southern
21Illinois University under the same admissions requirements,
22standards and policies which the Southern Illinois University
23applies to applicants for admission generally to its respective
24undergraduate colleges and programs.
25    (c) Subject to the provisions and limitations of subsection
26(b), an eligible applicant who has continued to maintain

 

 

10000HB1292ham001- 228 -LRB100 02980 AXK 38413 a

1satisfactory academic progress toward graduation may have his
2or her partial tuition waiver renewed until the time as he or
3she has expended 4 years of undergraduate partial tuition
4waiver benefits under this Section.
5    (d) No partial tuition waiver offered or allocated to any
6eligible applicant in accordance with the provisions of this
7Section shall be charged against any tuition waiver limitation
8established by the Illinois Board of Higher Education.
9    (e) The Board of Trustees shall prescribe rules and
10regulations as are necessary to implement and administer the
11provisions of this Section.
12(Source: P.A. 90-282, eff. 1-1-98.)
 
13    Section 245. The Southern Illinois University Revenue Bond
14Act is amended by changing the title and Section 2 as follows:
 
15    (110 ILCS 525/Act title)
16An Act to authorize the Board of Trustees of Southern
17Illinois University at Carbondale and the Board of Trustees of
18Southern Illinois University at Edwardsville to acquire, own,
19operate and maintain projects as herein defined, to issue its
20bonds therefor, to refund its bonds heretofore and hereafter
21issued, and to provide for the payment and security of all
22bonds issued hereunder; and to define the powers and duties of
23said Boards Board in reference thereto.
 

 

 

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1    (110 ILCS 525/2)  (from Ch. 144, par. 672)
2    Sec. 2. Definitions.
3    In this Act, unless the context otherwise requires:
4    1. "Board" means both the Board of Trustees of Southern
5Illinois University at Carbondale and the Board of Trustees of
6Southern Illinois University at Edwardsville, or their
7successors its successor.
8    2. "University" means both Southern Illinois University,
9located at Carbondale and Southern Illinois University at
10Edwardsville , Illinois, and their its branches.
11    3. "Federal Agency" means the United States of America, the
12President of the United States of America, the Housing and Home
13Finance Agency, or such other agency or agencies of the United
14States of America as may be designated or created to make loans
15or grants or both.
16    4. "Acquire" includes to purchase, erect, build,
17construct, reconstruct, complete, repair, replace, alter,
18extend, better, equip, develop, and improve a project,
19including the acquisition and clearing of a site or sites
20therefor.
21    5. "Project" means and includes student residence halls;
22apartments; staff housing facilities; dormitories; health,
23hospital or medical facilities; dining halls; student union
24buildings; field houses; stadiums; physical education
25installations and facilities; auditoriums; facilities for
26student or staff services; any facility or building leased to

 

 

10000HB1292ham001- 230 -LRB100 02980 AXK 38413 a

1the United States of America; heretofore, or as may be
2hereafter, acquired, and any other revenue producing building
3or buildings of such type and character for which the Board
4shall hereafter from time to time find a necessity exists and
5as may be required for the good and benefit of the University,
6with all equipment and appurtenant facilities, including
7off-street parking facilities; or any one or more than one, or
8all, of the foregoing, or any combination thereof, for the
9University.
10(Source: Laws 1965, p. 2913.)
 
11    Section 250. The Sewage and Water System Training Institute
12Act is amended by changing Sections 1 and 2 as follows:
 
13    (110 ILCS 530/1)  (from Ch. 144, par. 691)
14    Sec. 1. The Board of Trustees of the Southern Illinois
15University at Carbondale shall establish a Sewage Treatment
16Plant Operators Training Institute and a Public Water Supply
17Operators Training Institute and shall designate the location
18within this State for and the number of times each year the
19programs provided for in this Act shall be offered.
20(Source: Laws 1967, p. 3465.)
 
21    (110 ILCS 530/2)  (from Ch. 144, par. 692)
22    Sec. 2. There is created the Sewage Treatment Operators
23Training Institute Committee composed of 3 sewage treatment

 

 

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1operators designated by the Governor and 3 representatives of
2Southern Illinois University at Carbondale designated by the
3Board of Trustees thereof and a Public Water Supply Operators
4Training Institute Committee composed of 3 public water supply
5operators designated by the Governor and 3 representatives of
6Southern Illinois University at Carbondale designated by the
7Board of Trustees thereof. However, if in the discretion of the
8Board of Trustees of Southern Illinois University at Carbondale
9the purposes of this Act can best be served by one committee,
10such committee shall be composed of 6 members designated by the
11Governor, 3 of whom are sewage treatment operators and 3 of
12whom are public water supply operators, and 3 representatives
13of Southern Illinois University at Carbondale designated by the
14Board of Trustees thereof. Members of the Committee shall serve
15without compensation but shall be reimbursed for their actual
16expenses incurred in the performance of their duties. Members
17shall serve at the pleasure of the appointing authority
18designating them to Committee membership.
19(Source: P.A. 84-1308.)
 
20    Section 255. The Chicago State University Law is amended by
21changing Section 5-90 as follows:
 
22    (110 ILCS 660/5-90)
23    Sec. 5-90. Partial tuition waivers.
24    (a) As used in this Section, "Illinois college or

 

 

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1university" means any of the following: the University of
2Illinois, Southern Illinois University at Carbondale, Southern
3Illinois University at Edwardsville, Chicago State University,
4Eastern Illinois University, Governors State University,
5Illinois State University, Northeastern Illinois University,
6Northern Illinois University, and Western Illinois University.
7    (b) Each year the Board of Chicago State University shall
8offer 50% tuition waivers for undergraduate education at any
9campus under its governance to the children of employees of an
10Illinois college or university who have been employed by any
11one or by more than one Illinois college or university for an
12aggregate period of at least 7 years. To be eligible to receive
13a partial tuition waiver, the child of an employee of an
14Illinois college or university (i) must be under the age of 25
15at the commencement of the academic year during which the
16partial tuition waiver is to be effective, and (ii) must
17qualify for admission to Chicago State University under the
18same admissions requirements, standards and policies which
19Chicago State University applies to applicants for admission
20generally to its respective undergraduate colleges and
21programs.
22    (c) Subject to the provisions and limitations of subsection
23(b), an eligible applicant who has continued to maintain
24satisfactory academic progress toward graduation may have his
25or her partial tuition waiver renewed until the time as he or
26she has expended 4 years of undergraduate partial tuition

 

 

10000HB1292ham001- 233 -LRB100 02980 AXK 38413 a

1waiver benefits under this Section.
2    (d) No partial tuition waiver offered or allocated to any
3eligible applicant in accordance with the provisions of this
4Section shall be charged against any tuition waiver limitation
5established by the Illinois Board of Higher Education.
6    (e) The Board shall prescribe rules and regulations as are
7necessary to implement and administer the provisions of this
8Section.
9(Source: P.A. 89-4, eff. 1-1-96; 90-282, eff. 1-1-98.)
 
10    Section 260. The Eastern Illinois University Law is amended
11by changing Section 10-90 as follows:
 
12    (110 ILCS 665/10-90)
13    Sec. 10-90. Partial tuition waivers.
14    (a) As used in this Section, "Illinois college or
15university" means any of the following: the University of
16Illinois, Southern Illinois University at Carbondale, Southern
17Illinois University at Edwardsville, Chicago State University,
18Eastern Illinois University, Governors State University,
19Illinois State University, Northeastern Illinois University,
20Northern Illinois University, and Western Illinois University.
21    (b) Each year the Board of Eastern Illinois University
22shall offer 50% tuition waivers for undergraduate education at
23any campus under its governance to the children of employees of
24an Illinois college or university who have been employed by any

 

 

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1one or by more than one Illinois college or university for an
2aggregate period of at least 7 years. To be eligible to receive
3a partial tuition waiver, the child of an employee of an
4Illinois college or university (i) must be under the age of 25
5at the commencement of the academic year during which the
6partial tuition waiver is to be effective, and (ii) must
7qualify for admission to Eastern Illinois University under the
8same admissions requirements, standards and policies which
9Eastern Illinois University applies to applicants for
10admission generally to its respective undergraduate colleges
11and programs.
12    (c) Subject to the provisions and limitations of subsection
13(b), an eligible applicant who has continued to maintain
14satisfactory academic progress toward graduation may have his
15or her partial tuition waiver renewed until the time as he or
16she has expended 4 years of undergraduate partial tuition
17waiver benefits under this Section.
18    (d) No partial tuition waiver offered or allocated to any
19eligible applicant in accordance with the provisions of this
20Section shall be charged against any tuition waiver limitation
21established by the Illinois Board of Higher Education.
22    (e) The Board shall prescribe rules and regulations as are
23necessary to implement and administer the provisions of this
24Section.
25(Source: P.A. 89-4, eff. 1-1-96; 90-282, eff. 1-1-98.)
 

 

 

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1    Section 265. The Governors State University Law is amended
2by changing Section 15-90 as follows:
 
3    (110 ILCS 670/15-90)
4    Sec. 15-90. Partial tuition waivers.
5    (a) As used in this Section, "Illinois college or
6university" means any of the following: the University of
7Illinois, Southern Illinois University at Carbondale, Southern
8Illinois University at Edwardsville, Chicago State University,
9Eastern Illinois University, Governors State University,
10Illinois State University, Northeastern Illinois University,
11Northern Illinois University, and Western Illinois University.
12    (b) Each year the Board of Governors State University shall
13offer 50% tuition waivers for undergraduate education at any
14campus under its governance to the children of employees of an
15Illinois college or university who have been employed by any
16one or by more than one Illinois college or university for an
17aggregate period of at least 7 years. To be eligible to receive
18a partial tuition waiver, the child of an employee of an
19Illinois college or university (i) must be under the age of 25
20at the commencement of the academic year during which the
21partial tuition waiver is to be effective, and (ii) must
22qualify for admission to Governors State University under the
23same admissions requirements, standards and policies which
24Governors State University applies to applicants for admission
25generally to its respective undergraduate colleges and

 

 

10000HB1292ham001- 236 -LRB100 02980 AXK 38413 a

1programs.
2    (c) Subject to the provisions and limitations of subsection
3(b), an eligible applicant who has continued to maintain
4satisfactory academic progress toward graduation may have his
5or her partial tuition waiver renewed until the time as he or
6she has expended 4 years of undergraduate partial tuition
7waiver benefits under this Section.
8    (d) No partial tuition waiver offered or allocated to any
9eligible applicant in accordance with the provisions of this
10Section shall be charged against any tuition waiver limitation
11established by the Illinois Board of Higher Education.
12    (e) The Board shall prescribe rules and regulations as are
13necessary to implement and administer the provisions of this
14Section.
15(Source: P.A. 89-4, eff. 1-1-96; 90-282, eff. 1-1-98.)
 
16    Section 270. The Illinois State University Law is amended
17by changing Section 20-90 as follows:
 
18    (110 ILCS 675/20-90)
19    Sec. 20-90. Partial tuition waivers.
20    (a) As used in this Section, "Illinois college or
21university" means any of the following: the University of
22Illinois, Southern Illinois University at Carbondale, Southern
23Illinois University at Edwardsville, Chicago State University,
24Eastern Illinois University, Governors State University,

 

 

10000HB1292ham001- 237 -LRB100 02980 AXK 38413 a

1Illinois State University, Northeastern Illinois University,
2Northern Illinois University, and Western Illinois University.
3    (b) Each year the Board of Illinois State University shall
4offer 50% tuition waivers for undergraduate education at any
5campus under its governance to the children of employees of an
6Illinois college or university who have been employed by any
7one or by more than one Illinois college or university for an
8aggregate period of at least 7 years. To be eligible to receive
9a partial tuition waiver, the child of an employee of an
10Illinois college or university (i) must be under the age of 25
11at the commencement of the academic year during which the
12partial tuition waiver is to be effective, and (ii) must
13qualify for admission to Illinois State University under the
14same admissions requirements, standards and policies which
15Illinois State University applies to applicants for admission
16generally to its respective undergraduate colleges and
17programs.
18    (c) Subject to the provisions and limitations of subsection
19(b), an eligible applicant who has continued to maintain
20satisfactory academic progress toward graduation may have his
21or her partial tuition waiver renewed until the time as he or
22she has expended 4 years of undergraduate partial tuition
23waiver benefits under this Section.
24    (d) No partial tuition waiver offered or allocated to any
25eligible applicant in accordance with the provisions of this
26Section shall be charged against any tuition waiver limitation

 

 

10000HB1292ham001- 238 -LRB100 02980 AXK 38413 a

1established by the Illinois Board of Higher Education.
2    (e) The Board shall prescribe rules and regulations as are
3necessary to implement and administer the provisions of this
4Section.
5(Source: P.A. 89-4, eff. 1-1-96; 90-282, eff. 1-1-98.)
 
6    Section 275. The Northeastern Illinois University Law is
7amended by changing Section 25-90 as follows:
 
8    (110 ILCS 680/25-90)
9    Sec. 25-90. Partial tuition waivers.
10    (a) As used in this Section, "Illinois college or
11university" means any of the following: the University of
12Illinois, Southern Illinois University at Carbondale, Southern
13Illinois University at Edwardsville, Chicago State University,
14Eastern Illinois University, Governors State University,
15Illinois State University, Northeastern Illinois University,
16Northern Illinois University, and Western Illinois University.
17    (b) Each year the Board of Northeastern Illinois University
18shall offer 50% tuition waivers for undergraduate education at
19any campus under its governance to the children of employees of
20an Illinois college or university who have been employed by any
21one or by more than one Illinois college or university for an
22aggregate period of at least 7 years. To be eligible to receive
23a partial tuition waiver, the child of an employee of an
24Illinois college or university (i) must be under the age of 25

 

 

10000HB1292ham001- 239 -LRB100 02980 AXK 38413 a

1at the commencement of the academic year during which the
2partial tuition waiver is to be effective, and (ii) must
3qualify for admission to Northeastern Illinois University
4under the same admissions requirements, standards and policies
5which Northeastern Illinois University applies to applicants
6for admission generally to its respective undergraduate
7colleges and programs.
8    (c) Subject to the provisions and limitations of subsection
9(b), an eligible applicant who has continued to maintain
10satisfactory academic progress toward graduation may have his
11or her partial tuition waiver renewed until the time as he or
12she has expended 4 years of undergraduate partial tuition
13waiver benefits under this Section.
14    (d) No partial tuition waiver offered or allocated to any
15eligible applicant in accordance with the provisions of this
16Section shall be charged against any tuition waiver limitation
17established by the Illinois Board of Higher Education.
18    (e) The Board shall prescribe rules and regulations as are
19necessary to implement and administer the provisions of this
20Section.
21(Source: P.A. 89-4, eff. 1-1-96; 90-282, eff. 1-1-98.)
 
22    Section 280. The Northern Illinois University Law is
23amended by changing Section 30-90 as follows:
 
24    (110 ILCS 685/30-90)

 

 

10000HB1292ham001- 240 -LRB100 02980 AXK 38413 a

1    Sec. 30-90. Partial tuition waivers.
2    (a) As used in this Section, "Illinois college or
3university" means any of the following: the University of
4Illinois, Southern Illinois University at Carbondale, Southern
5Illinois University at Edwardsville, Chicago State University,
6Eastern Illinois University, Governors State University,
7Illinois State University, Northeastern Illinois University,
8Northern Illinois University, and Western Illinois University.
9    (b) Each year the Board of Northern Illinois University
10shall offer 50% tuition waivers for undergraduate education at
11any campus under its governance to the children of employees of
12an Illinois college or university who have been employed by any
13one or by more than one Illinois college or university for an
14aggregate period of at least 7 years. To be eligible to receive
15a partial tuition waiver, the child of an employee of an
16Illinois college or university (i) must be under the age of 25
17at the commencement of the academic year during which the
18partial tuition waiver is to be effective, and (ii) must
19qualify for admission to Northern Illinois University under the
20same admissions requirements, standards and policies which
21Northern Illinois University applies to applicants for
22admission generally to its respective undergraduate colleges
23and programs.
24    (c) Subject to the provisions and limitations of subsection
25(b), an eligible applicant who has continued to maintain
26satisfactory academic progress toward graduation may have his

 

 

10000HB1292ham001- 241 -LRB100 02980 AXK 38413 a

1or her partial tuition waiver renewed until the time as he or
2she has expended 4 years of undergraduate partial tuition
3waiver benefits under this Section.
4    (d) No partial tuition waiver offered or allocated to any
5eligible applicant in accordance with the provisions of this
6Section shall be charged against any tuition waiver limitation
7established by the Illinois Board of Higher Education.
8    (e) The Board shall prescribe rules and regulations as are
9necessary to implement and administer the provisions of this
10Section.
11(Source: P.A. 89-4, eff. 1-1-96; 90-282, eff. 1-1-98.)
 
12    Section 285. The Western Illinois University Law is amended
13by changing Section 35-90 as follows:
 
14    (110 ILCS 690/35-90)
15    Sec. 35-90. Partial tuition waivers.
16    (a) As used in this Section, "Illinois college or
17university" means any of the following: the University of
18Illinois, Southern Illinois University at Carbondale, Southern
19Illinois University at Edwardsville, Chicago State University,
20Eastern Illinois University, Governors State University,
21Illinois State University, Northeastern Illinois University,
22Northern Illinois University, and Western Illinois University.
23    (b) Each year the Board of Western Illinois University
24shall offer 50% tuition waivers for undergraduate education at

 

 

10000HB1292ham001- 242 -LRB100 02980 AXK 38413 a

1any campus under its governance to the children of employees of
2an Illinois college or university who have been employed by any
3one or by more than one Illinois college or university for an
4aggregate period of at least 7 years. To be eligible to receive
5a partial tuition waiver, the child of an employee of an
6Illinois college or university (i) must be under the age of 25
7at the commencement of the academic year during which the
8partial tuition waiver is to be effective, and (ii) must
9qualify for admission to Western Illinois University under the
10same admissions requirements, standards and policies which
11Western Illinois University applies to applicants for
12admission generally to its respective undergraduate colleges
13and programs.
14    (c) Subject to the provisions and limitations of subsection
15(b), an eligible applicant who has continued to maintain
16satisfactory academic progress toward graduation may have his
17or her partial tuition waiver renewed until the time as he or
18she has expended 4 years of undergraduate partial tuition
19waiver benefits under this Section.
20    (d) No partial tuition waiver offered or allocated to any
21eligible applicant in accordance with the provisions of this
22Section shall be charged against any tuition waiver limitation
23established by the Illinois Board of Higher Education.
24    (e) The Board shall prescribe rules and regulations as are
25necessary to implement and administer the provisions of this
26Section.

 

 

10000HB1292ham001- 243 -LRB100 02980 AXK 38413 a

1(Source: P.A. 89-4, eff. 1-1-96; 90-282, eff. 1-1-98.)
 
2    Section 290. The Baccalaureate Savings Act is amended by
3changing Section 3 as follows:
 
4    (110 ILCS 920/3)  (from Ch. 144, par. 2403)
5    Sec. 3. Definitions. The following terms shall have the
6meanings ascribed to them in this Section unless the context
7clearly indicates otherwise:
8    (a) "College Savings Bonds" mean general obligation bonds
9of the State issued under the General Obligation Bond Act in
10accordance with this Act and designated as General Obligation
11College Savings Bonds.
12    (b) "Institution of Higher Education" includes: The
13University of Illinois; Southern Illinois University at
14Carbondale; Southern Illinois University at Edwardsville;
15Chicago State University; Eastern Illinois University;
16Governors State University; Illinois State University;
17Northeastern Illinois University; Northern Illinois
18University; Western Illinois University; the public community
19colleges of the State; any public universities, colleges and
20community colleges now or hereafter established or authorized
21by the General Assembly; any nonpublicly supported
22postsecondary educational organization located and authorized
23to operate in this State which operates privately,
24not-for-profit. "Institution of higher education" does not

 

 

10000HB1292ham001- 244 -LRB100 02980 AXK 38413 a

1include any educational organization used for sectarian
2instruction, as a place of religious teaching or worship or for
3any religious denomination or the training of ministers,
4priests, rabbis or other professional persons in the field of
5religion.
6(Source: P.A. 89-4, eff. 1-1-96; 90-372, eff. 7-1-98.)
 
7    Section 295. The Higher Education Student Assistance Act is
8amended by changing Sections 45, 65, 65.20, 65.25, 65.30, and
965.40 as follows:
 
10    (110 ILCS 947/45)
11    Sec. 45. Illinois National Guard and Naval Militia grant
12program.
13    (a) As used in this Section:
14    "State controlled university or community college" means
15those institutions under the administration of the Chicago
16State University Board of Trustees, the Eastern Illinois
17University Board of Trustees, the Governors State University
18Board of Trustees, the Illinois State University Board of
19Trustees, the Northeastern Illinois University Board of
20Trustees, the Northern Illinois University Board of Trustees,
21the Western Illinois University Board of Trustees, Southern
22Illinois University at Carbondale Board of Trustees,
23University of Illinois Board of Trustees, Southern Illinois
24University at Edwardsville Board of Trustees or the Illinois

 

 

10000HB1292ham001- 245 -LRB100 02980 AXK 38413 a

1Community College Board.
2    "Tuition and fees" shall not include expenses for any
3sectarian or denominational instruction, the construction or
4maintenance of sectarian or denominational facilities, or any
5other sectarian or denominational purposes or activity.
6    "Fees" means matriculation, graduation, activity, term, or
7incidental fees. Exemption shall not be granted from any other
8fees, including book rental, service, laboratory, supply, and
9union building fees, hospital and medical insurance fees, and
10any fees established for the operation and maintenance of
11buildings, the income of which is pledged to the payment of
12interest and principal on bonds issued by the governing board
13of any university or community college.
14    (b) Any person who has served at least one year in the
15Illinois National Guard or the Illinois Naval Militia and who
16possesses all necessary entrance requirements shall, upon
17application and proper proof, be awarded a grant to the
18State-controlled university or community college of his or her
19choice, consisting of exemption from tuition and fees for not
20more than the equivalent of 4 years of full-time enrollment,
21including summer terms, in relation to his or her course of
22study at that State controlled university or community college
23while he or she is a member of the Illinois National Guard or
24the Illinois Naval Militia. Beginning with the 2013-2014
25academic year, any person who has served over 10 years in the
26Illinois National Guard shall be awarded an additional grant to

 

 

10000HB1292ham001- 246 -LRB100 02980 AXK 38413 a

1the State-controlled university or community college of his or
2her choice, consisting of an exemption from tuition and fees
3for not more than the equivalent of an additional 2 years of
4full-time enrollment, including summer terms. Except as
5otherwise provided in this Section, if the recipient of any
6grant awarded under this Section ceases to be a member of the
7Illinois National Guard or the Illinois Naval Militia while
8enrolled in a course of study under that grant, the grant shall
9be terminated as of the date membership in the Illinois
10National Guard or the Illinois Naval Militia ended, and the
11recipient shall be permitted to complete the school term in
12which he or she is then enrolled only upon payment of tuition
13and other fees allocable to the part of the term then
14remaining. If the recipient of a grant awarded under this
15Section ceases to be a member of the Illinois National Guard or
16the Illinois Naval Militia while enrolled in a course of study
17under that grant but (i) has served in the Illinois National
18Guard or the Illinois Naval Militia for at least 5 years and
19(ii) has served a cumulative total of at least 6 months of
20active duty, then that recipient shall continue to be eligible
21for a grant for one year after membership in the Illinois
22National Guard or the Illinois Naval Militia ended, provided
23that the recipient has not already received the exemption from
24tuition and fees for the equivalent of 4 years of full-time
25enrollment, including summer terms, under this Section. If the
26recipient of the grant fails to complete his or her military

 

 

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1service obligations or requirements for satisfactory
2participation, the Department of Military Affairs shall
3require the recipient to repay the amount of the grant
4received, prorated according to the fraction of the service
5obligation not completed, and, if applicable, reasonable
6collection fees. The Department of Military Affairs may adopt
7rules relating to its collection activities for repayment of
8the grant under this Section. Unsatisfactory participation
9shall be defined by rules adopted by the Department of Military
10Affairs. Repayments shall be deposited in the National Guard
11and Naval Militia Grant Fund. The National Guard and Naval
12Militia Grant Fund is created as a special fund in the State
13treasury. All money in the National Guard and Naval Militia
14Grant Fund shall be used, subject to appropriation, by the
15Illinois Student Assistance Commission for the purposes of this
16Section.
17    A grant awarded under this Section shall be considered an
18entitlement which the State-controlled university or community
19college in which the holder is enrolled shall honor without any
20condition other than the holder's maintenance of minimum grade
21levels and a satisfactory student loan repayment record
22pursuant to subsection (c) of Section 20 of this Act.
23    (c) Subject to a separate appropriation for such purposes,
24the Commission may reimburse the State-controlled university
25or community college for grants authorized by this Section.
26(Source: P.A. 98-314, eff. 8-12-13.)
 

 

 

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1    (110 ILCS 947/65)
2    Sec. 65. Student to student grant program.
3    (a) As used in this Section:
4        "Voluntary contribution" includes fees collected from
5    students by college or university officials when the fee is
6    optional or refundable to students and has been approved by
7    a majority of those voting in a campus-wide referendum of
8    students.
9        "College or university" means any of the
10    State-supported institutions of higher learning
11    administered by the Board of Trustees of the University of
12    Illinois, the Board of Trustees of Southern Illinois
13    University at Carbondale, the Board of Trustees of Southern
14    Illinois University at Edwardsville, the Board of Trustees
15    of Chicago State University, the Board of Trustees of
16    Eastern Illinois University, the Board of Trustees of
17    Governors State University, the Board of Trustees of
18    Illinois State University, the Board of Trustees of
19    Northeastern Illinois University, the Board of Trustees of
20    Northern Illinois University, the Board of Trustees of
21    Western Illinois University, or the boards of trustees of
22    public community college districts as established and
23    defined by the Public Community College Act.
24    (b) Subject to a separate appropriation for such purposes,
25the Commission shall make matching grants to each college or

 

 

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1university for a program of student grant assistance. Such
2grants shall match equally the amount raised by college or
3university students for the grant program. Contributions from
4individuals who are not then enrolled as college or university
5students or from private or eleemosynary groups and
6associations made directly to the student fund or through a
7college or university student shall not be included in the
8total amount that the State shall match. If the sum
9appropriated is insufficient to match equally the amount raised
10by students, the amount payable to each college or university
11shall be proportionately reduced.
12    (c) Grant programs under this Section shall be administered
13by each college or university, and grants under those programs
14shall be awarded to individuals on a need basis as prescribed
15by the Commission.
16    (d) No grant to any student from funds raised through
17voluntary contributions and matched from the State
18appropriation under this Section may exceed $1,000 per year.
19    (e) Each college or university shall submit to the
20Commission an annual report of the activities, operation and
21results of its grant program under this Section.
22(Source: P.A. 89-4, eff. 1-1-96.)
 
23    (110 ILCS 947/65.20)
24    Sec. 65.20. Science-mathematics teacher scholarships.
25    (a) The Commission may annually award a number of

 

 

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1scholarships, not to exceed 200, to persons holding valid
2teaching certificates issued under Article 21 of the School
3Code. Such scholarships shall be issued to teachers who make
4application to the Commission and who agree to take courses at
5qualified institutions of higher learning that will prepare
6them to teach science or mathematics at the secondary school
7level.
8    (b) Scholarships awarded under this Section shall be issued
9pursuant to regulations promulgated by the Commission;
10provided that no rule or regulation promulgated by the State
11Board of Education prior to the effective date of this
12amendatory Act of 1993 pursuant to the exercise of any right,
13power, duty, responsibility or matter of pending business
14transferred from the State Board of Education to the Commission
15under this Section shall be affected thereby, and all such
16rules and regulations shall become the rules and regulations of
17the Commission until modified or changed by the Commission in
18accordance with law. In awarding scholarships, the Commission
19shall give priority to those teachers with the greatest amount
20of seniority within school districts.
21    (c) Each scholarship shall be utilized by its holder for
22the payment of tuition at any qualified institution of higher
23learning. Such tuition shall be available only for courses that
24will enable the teacher to be certified to teach science or
25mathematics at the secondary school level. The Commission, in
26consultation with the State Teacher Certification Board, shall

 

 

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1determine which courses are eligible for tuition payments under
2this Section.
3    (d) The Commission shall make tuition payments directly to
4the qualified institution of higher learning which the teacher
5attends for the courses prescribed or may make payments to the
6teacher. Any teacher who receives payments and who fails to
7enroll in the courses prescribed shall refund the payments to
8the Commission.
9    (e) Following the completion of the program of study, the
10teacher must accept employment within 2 years in a secondary
11school in Illinois within 60 miles of the teacher's residence
12to teach science or mathematics; provided, however, that the
13teacher instead may elect to accept employment within such 2
14year period to teach science or mathematics in a secondary
15school in Illinois which is more than 60 miles from the
16teacher's residence. Teachers who fail to comply with this
17provision shall refund all of the scholarship awarded to the
18Commission, whether payments were made directly to the
19institutions of higher learning or to the teachers, and this
20condition shall be agreed to in writing by all scholarship
21recipients at the time the scholarship is awarded. No teacher
22shall be required to refund tuition payments if his or her
23failure to obtain employment as a mathematics or science
24teacher in a secondary school is the result of financial
25conditions within school districts. The rules and regulations
26promulgated as provided in this Section shall include

 

 

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1provisions regarding the waiving and deferral of such payments.
2    (f) The Commission, with the cooperation of the State Board
3of Education, shall assist teachers who have participated in
4the scholarship program established by this Section in finding
5employment to teach science or mathematics at the secondary
6level.
7    (g) This Section is substantially the same as Section 30-4b
8of the School Code, which Section is repealed by this
9amendatory Act of 1993, and shall be construed as a
10continuation of the science-mathematics teacher scholarship
11program established by that prior law, and not as a new or
12different science-mathematics teacher scholarship program. The
13State Board of Education shall transfer to the Commission, as
14the successor to the State Board of Education for all purposes
15of administering and implementing the provisions of this
16Section, all books, accounts, records, papers, documents,
17contracts, agreements, and pending business in any way relating
18to the science-mathematics teacher scholarship program
19continued under this Section; and all scholarships at any time
20awarded under that program by, and all applications for any
21such scholarships at any time made to, the State Board of
22Education shall be unaffected by the transfer to the Commission
23of all responsibility for the administration and
24implementation of the science-mathematics teacher scholarship
25program continued under this Section. The State Board of
26Education shall furnish to the Commission such other

 

 

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1information as the Commission may request to assist it in
2administering this Section.
3    (h) Appropriations for the scholarships outlined in this
4Section shall be made to the Commission from funds appropriated
5by the General Assembly.
6    (i) For the purposes of this Section:
7    "Qualified institution of higher learning" means the
8University of Illinois, Southern Illinois University at
9Carbondale, Southern Illinois University at Edwardsville,
10Chicago State University, Eastern Illinois University,
11Governors State University, Illinois State University,
12Northeastern Illinois University, Northern Illinois
13University, Western Illinois University, and the public
14community colleges subject to the Public Community College Act.
15    "Secondary school level" means grades 9 through 12 or a
16portion of such grades.
17(Source: P.A. 88-228; 88-670, eff. 12-2-94; 89-4, eff. 1-1-96.)
 
18    (110 ILCS 947/65.25)
19    Sec. 65.25. Teacher shortage scholarships.
20    (a) The Commission may annually award a number of
21scholarships to persons preparing to teach in areas of
22identified staff shortages. Such scholarships shall be issued
23to individuals who make application to the Commission and who
24agree to take courses at qualified institutions of higher
25learning which will prepare them to teach in areas of

 

 

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1identified staff shortages.
2    (b) Scholarships awarded under this Section shall be issued
3pursuant to regulations promulgated by the Commission;
4provided that no rule or regulation promulgated by the State
5Board of Education prior to the effective date of this
6amendatory Act of 1993 pursuant to the exercise of any right,
7power, duty, responsibility or matter of pending business
8transferred from the State Board of Education to the Commission
9under this Section shall be affected thereby, and all such
10rules and regulations shall become the rules and regulations of
11the Commission until modified or changed by the Commission in
12accordance with law. The Commission shall allocate the
13scholarships awarded between persons initially preparing to
14teach, persons holding valid teaching certificates issued
15under Articles 21 and 34 of the School Code, and persons
16holding a bachelor's degree from any accredited college or
17university who have been employed for a minimum of 10 years in
18a field other than teaching.
19    (c) Each scholarship shall be utilized by its holder for
20the payment of tuition and non-revenue bond fees at any
21qualified institution of higher learning. Such tuition and fees
22shall be available only for courses that will enable the
23individual to be certified to teach in areas of identified
24staff shortages. The Commission shall determine which courses
25are eligible for tuition payments under this Section.
26    (d) The Commission may make tuition payments directly to

 

 

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1the qualified institution of higher learning which the
2individual attends for the courses prescribed or may make
3payments to the teacher. Any teacher who received payments and
4who fails to enroll in the courses prescribed shall refund the
5payments to the Commission.
6    (e) Following the completion of the program of study,
7persons who held valid teaching certificates and persons
8holding a bachelor's degree from any accredited college or
9university who have been employed for a minimum of 10 years in
10a field other than teaching prior to receiving a teacher
11shortage scholarship must accept employment within 2 years in a
12school in Illinois within 60 miles of the person's residence to
13teach in an area of identified staff shortage for a period of
14at least 3 years; provided, however that any such person
15instead may elect to accept employment within such 2 year
16period to teach in an area of identified staff shortage for a
17period of at least 3 years in a school in Illinois which is
18more than 60 miles from such person's residence. Persons
19initially preparing to teach prior to receiving a teacher
20shortage scholarship must accept employment within 2 years in a
21school in Illinois to teach in an area of identified staff
22shortage for a period of at least 3 years. Individuals who fail
23to comply with this provision shall refund all of the
24scholarships awarded to the Commission, whether payments were
25made directly to the institutions of higher learning or to the
26individuals, and this condition shall be agreed to in writing

 

 

10000HB1292ham001- 256 -LRB100 02980 AXK 38413 a

1by all scholarship recipients at the time the scholarship is
2awarded. No individual shall be required to refund tuition
3payments if his or her failure to obtain employment as a
4teacher in a school is the result of financial conditions
5within school districts. The rules and regulations promulgated
6as provided in this Section shall contain provisions regarding
7the waiving and deferral of such payments.
8    (f) The Commission, with the cooperation of the State Board
9of Education, shall assist individuals who have participated in
10the scholarship program established by this Section in finding
11employment in areas of identified staff shortages.
12    (g) Beginning in September, 1994 and annually thereafter,
13the Commission, using data annually supplied by the State Board
14of Education under procedures developed by it to measure the
15level of shortage of qualified bilingual personnel serving
16students with disabilities, shall annually publish (i) the
17level of shortage of qualified bilingual personnel serving
18students with disabilities, and (ii) allocations of
19scholarships for personnel preparation training programs in
20the areas of bilingual special education teacher training and
21bilingual school service personnel.
22    (h) Appropriations for the scholarships outlined in this
23Section shall be made to the Commission from funds appropriated
24by the General Assembly.
25    (i) This Section is substantially the same as Section 30-4c
26of the School Code, which Section is repealed by this

 

 

10000HB1292ham001- 257 -LRB100 02980 AXK 38413 a

1amendatory Act of 1993, and shall be construed as a
2continuation of the teacher shortage scholarship program
3established under that prior law, and not as a new or different
4teacher shortage scholarship program. The State Board of
5Education shall transfer to the Commission, as the successor to
6the State Board of Education for all purposes of administering
7and implementing the provisions of this Section, all books,
8accounts, records, papers, documents, contracts, agreements,
9and pending business in any way relating to the teacher
10shortage scholarship program continued under this Section; and
11all scholarships at any time awarded under that program by, and
12all applications for any such scholarships at any time made to,
13the State Board of Education shall be unaffected by the
14transfer to the Commission of all responsibility for the
15administration and implementation of the teacher shortage
16scholarship program continued under this Section. The State
17Board of Education shall furnish to the Commission such other
18information as the Commission may request to assist it in
19administering this Section.
20    (j) For the purposes of this Section:
21    "Qualified institution of higher learning" means the
22University of Illinois, Southern Illinois University at
23Carbondale, Southern Illinois University at Edwardsville,
24Chicago State University, Eastern Illinois University,
25Governors State University, Illinois State University,
26Northeastern Illinois University, Northern Illinois

 

 

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1University, Western Illinois University, the public community
2colleges subject to the Public Community College Act and any
3Illinois privately operated college, community college or
4university offering degrees and instructional programs above
5the high school level either in residence or by correspondence.
6The Board of Higher Education and the Commission, in
7consultation with the State Board of Education, shall identify
8qualified institutions to supply the demand for bilingual
9special education teachers and bilingual school service
10personnel.
11    "Areas of identified staff shortages" means courses of
12study, including, but not limited to, agricultural education,
13in which the number of teachers is insufficient to meet student
14or school district demand for such instruction as determined by
15the State Board of Education.
16(Source: P.A. 99-826, eff. 1-1-17.)
 
17    (110 ILCS 947/65.30)
18    Sec. 65.30. Equal opportunity scholarships.
19    (a) The Commission may annually award a number of
20scholarships to students who are interested in pursuing studies
21in educational administration. Such scholarships shall be
22issued to students who make application to the Commission and
23who agree to take courses at qualified institutions of higher
24learning that will allow them to complete a degree in
25educational administration.

 

 

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1    (b) Scholarships awarded under this Section shall be issued
2pursuant to regulations promulgated by the Commission;
3provided that no rule or regulation promulgated by the State
4Board of Education prior to the effective date of this
5amendatory Act of 1993 pursuant to the exercise of any right,
6power, duty, responsibility or matter of pending business
7transferred from the State Board of Education to the Commission
8under this Section shall be affected thereby, and all such
9rules and regulations shall become the rules and regulations of
10the Commission until modified or changed by the Commission in
11accordance with law.
12    (c) Such scholarships shall be utilized for the payment of
13tuition and non-revenue bond fees at any qualified institution
14of higher learning. Such tuition and fees shall only be
15available for courses that will enable the student to complete
16training in educational administration. The Commission shall
17determine which courses are eligible for tuition payments under
18this Section.
19    (d) The Commission may make tuition payments directly to
20the qualified institution of higher learning which the student
21attends for the courses prescribed or may make payments to the
22student. Any student who receives payments and who fails to
23enroll in the courses prescribed shall refund the payments to
24the Commission.
25    (e) The Commission, with the cooperation of the State Board
26of Education, shall assist students who have participated in

 

 

10000HB1292ham001- 260 -LRB100 02980 AXK 38413 a

1the scholarship program established by this Section in finding
2employment in positions relating to educational
3administration.
4    (f) Appropriations for the scholarships outlined in this
5Section shall be made to the Commission from funds appropriated
6by the General Assembly.
7    (g) This Section is substantially the same as Section 30-4d
8of the School Code, which Section is repealed by this
9amendatory Act of 1993, and shall be construed as a
10continuation of the equal opportunity scholarship program
11established under that prior law, and not as a new or different
12equal opportunity scholarship program. The State Board of
13Education shall transfer to the Commission, as the successor to
14the State Board of Education for all purposes of administering
15and implementing the provisions of this Section, all books,
16accounts, records, papers, documents, contracts, agreements,
17and pending business in any way relating to the equal
18opportunity scholarship program continued under this Section;
19and all scholarships at any time awarded under that program by,
20and all applications for any such scholarship at any time made
21to, the State Board of Education shall be unaffected by the
22transfer to the Commission of all responsibility for the
23administration and implementation of the equal opportunity
24scholarship program continued under this Section. The State
25Board of Education shall furnish to the Commission such other
26information as the Commission may request to assist it in

 

 

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1administering this Section.
2    (h) For purposes of this Section:
3        (1) "Qualified institution of higher learning" means
4    the University of Illinois; Southern Illinois University
5    at Carbondale; Southern Illinois University at
6    Edwardsville; Chicago State University; Eastern Illinois
7    University; Governors State University; Illinois State
8    University; Northeastern Illinois University; Northern
9    Illinois University; Western Illinois University; the
10    public community colleges of the State; any other public
11    universities, colleges and community colleges now or
12    hereafter established or authorized by the General
13    Assembly; and any Illinois privately operated, not for
14    profit institution located in this State which provides at
15    least an organized 2-year program of collegiate grade in
16    liberal arts or sciences, or both, directly applicable
17    toward the attainment of a baccalaureate or graduate
18    degree.
19        (2) "Racial minority" means a person who is any of the
20    following:
21            (1) American Indian or Alaska Native (a person
22        having origins in any of the original peoples of North
23        and South America, including Central America, and who
24        maintains tribal affiliation or community attachment).
25            (2) Asian (a person having origins in any of the
26        original peoples of the Far East, Southeast Asia, or

 

 

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1        the Indian subcontinent, including, but not limited
2        to, Cambodia, China, India, Japan, Korea, Malaysia,
3        Pakistan, the Philippine Islands, Thailand, and
4        Vietnam).
5            (3) Black or African American (a person having
6        origins in any of the black racial groups of Africa).
7        Terms such as "Haitian" or "Negro" can be used in
8        addition to "Black or African American".
9            (4) Hispanic or Latino (a person of Cuban, Mexican,
10        Puerto Rican, South or Central American, or other
11        Spanish culture or origin, regardless of race).
12            (5) Native Hawaiian or Other Pacific Islander (a
13        person having origins in any of the original peoples of
14        Hawaii, Guam, Samoa, or other Pacific Islands).
15        (3) "Student" means a woman or racial minority.
16(Source: P.A. 97-396, eff. 1-1-12.)
 
17    (110 ILCS 947/65.40)
18    Sec. 65.40. General provisions; leaves of absence.
19    (a) The scholarships issued under Section 65.15 may be used
20at the University of Illinois, Southern Illinois University at
21Carbondale, Southern Illinois University at Edwardsville,
22Chicago State University, Eastern Illinois University,
23Governors State University, Illinois State University,
24Northeastern Illinois University, Northern Illinois
25University, and Western Illinois University. Unless otherwise

 

 

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1indicated, the scholarships shall exempt the holder from the
2payment of tuition and other necessary fees as defined in
3Section 35 of this Act.
4    Any student who has been or shall be awarded a scholarship
5shall be reimbursed by the appropriate university or community
6college for any charges which he or she has paid and for which
7exemption is granted under this Section, if application for
8such reimbursement is made within 2 months following the school
9term for which the charges were paid.
10    The holder of a scholarship shall be subject to all
11examinations, rules and requirements of the university or
12community college in which he or she is enrolled except as
13herein directed.
14    This Section does not prohibit the Board of Trustees of the
15University of Illinois, the Board of Trustees of Southern
16Illinois University at Carbondale, the Board of Trustees of
17Southern Illinois University at Edwardsville, the Board of
18Trustees of Chicago State University, the Board of Trustees of
19Eastern Illinois University, the Board of Trustees of Governors
20State University, the Board of Trustees of Illinois State
21University, the Board of Trustees of Northeastern Illinois
22University, the Board of Trustees of Northern Illinois
23University, and the Board of Trustees of Western Illinois
24University for the institutions under their respective
25jurisdictions from granting other scholarships.
26    (b) Any student enrolled in a university to which he or she

 

 

10000HB1292ham001- 264 -LRB100 02980 AXK 38413 a

1is holding a scholarship issued under Section 65.15 who
2satisfies the president of the university or someone designated
3by the president that the student requires leave of absence for
4the purpose of earning funds to defray his or her expenses
5while in attendance or on account of illness or military
6service may be granted such leave and allowed a period of not
7to exceed 6 years in which to complete his or her course at the
8university. Time spent in the armed forces shall not be part of
9the 6 years.
10(Source: P.A. 91-496, eff. 8-13-99.)
 
11    Section 300. The Illinois Prepaid Tuition Act is amended by
12changing Section 10 as follows:
 
13    (110 ILCS 979/10)
14    Sec. 10. Definitions. In this Act:
15    "Illinois public university" means the University of
16Illinois, Illinois State University, Chicago State University,
17Governors State University, Southern Illinois University at
18Carbondale, Southern Illinois University at Edwardsville,
19Northern Illinois University, Eastern Illinois University,
20Western Illinois University, or Northeastern Illinois
21University.
22    "Illinois community college" means a public community
23college as defined in Section 1-2 of the Public Community
24College Act.

 

 

10000HB1292ham001- 265 -LRB100 02980 AXK 38413 a

1    "Eligible institution" means an eligible educational
2institution as defined in Section 529 of the federal Internal
3Revenue Code of 1986 and any regulations thereunder.
4    "Illinois prepaid tuition contract" or "contract" means a
5contract entered into between the State and a Purchaser under
6Section 45 to provide for the higher education of a qualified
7beneficiary.
8    "Illinois prepaid tuition program" or "program" means the
9program created in Section 15.
10    "Purchaser" means a person who makes or has contracted to
11make payments under an Illinois prepaid tuition contract.
12    "Public institution of higher education" means an Illinois
13public university or Illinois community college.
14    "Nonpublic institution of higher education" means any
15eligible institution, other than a public institution of higher
16education.
17    "Qualified beneficiary" means (i) anyone who has been a
18resident of this State for at least 12 months prior to the date
19of the contract, or (ii) a nonresident, so long as the
20purchaser has been a resident of the State for at least 12
21months prior to the date of the contract, or (iii) any person
22less than one year of age whose parent or legal guardian has
23been a resident of this State for at least 12 months prior to
24the date of the contract.
25    "Tuition" means the quarter or semester charges imposed on
26a qualified beneficiary to attend an eligible institution.

 

 

10000HB1292ham001- 266 -LRB100 02980 AXK 38413 a

1    "Mandatory Fees" means those quarter or semester fees
2imposed upon all students enrolled at an eligible institution.
3    "Registration Fees" means the charges derived by combining
4tuition and mandatory fees.
5    "Contract Unit" means 15 credit hours of instruction at an
6eligible institution.
7    "Panel" means the investment advisory panel created under
8Section 20.
9    "Commission" means the Illinois Student Assistance
10Commission.
11(Source: P.A. 99-842, eff. 8-19-16.)
 
12    Section 305. The Senior Citizen Courses Act is amended by
13changing Section 1 as follows:
 
14    (110 ILCS 990/1)  (from Ch. 144, par. 1801)
15    Sec. 1. Definitions. For the purposes of this Act:
16    (a) "Public institutions of higher education" means the
17University of Illinois, Southern Illinois University at
18Carbondale, Southern Illinois University at Edwardsville,
19Chicago State University, Eastern Illinois University,
20Governors State University, Illinois State University,
21Northeastern Illinois University, Northern Illinois
22University, Western Illinois University, and the public
23community colleges subject to the "Public Community College
24Act".

 

 

10000HB1292ham001- 267 -LRB100 02980 AXK 38413 a

1    (b) "Credit Course" means any program of study for which
2public institutions of higher education award credit hours.
3    (c) "Senior citizen" means any person 65 years or older
4whose annual household income is less than the threshold amount
5provided in Section 4 of the "Senior Citizens and Persons with
6Disabilities Property Tax Relief Act", approved July 17, 1972,
7as amended.
8(Source: P.A. 99-143, eff. 7-27-15.)
 
9    Section 310. The Public Utilities Act is amended by
10changing Sections 16-111.1 and 16-111.2 as follows:
 
11    (220 ILCS 5/16-111.1)
12    Sec. 16-111.1. Illinois Clean Energy Community Trust.
13    (a) An electric utility which has sold or transferred
14generating facilities in a transaction to which subsection (k)
15of Section 16-111 applies is authorized to establish an
16Illinois clean energy community trust or foundation for the
17purposes of providing financial support and assistance to
18entities, public or private, within the State of Illinois
19including, but not limited to, units of State and local
20government, educational institutions, corporations, and
21charitable, educational, environmental and community
22organizations, for programs and projects that benefit the
23public by improving energy efficiency, developing renewable
24energy resources, supporting other energy related projects

 

 

10000HB1292ham001- 268 -LRB100 02980 AXK 38413 a

1that improve the State's environmental quality, and supporting
2projects and programs intended to preserve or enhance the
3natural habitats and wildlife areas of the State. Provided,
4however, that the trust or foundation funds shall not be used
5for the remediation of environmentally impaired property. The
6trust or foundation may also assist in identifying other energy
7and environmental grant opportunities.
8    (b) Such trust or foundation shall be governed by a
9declaration of trust or articles of incorporation and bylaws
10which shall, at a minimum, provide that:
11        (1) There shall be 6 voting trustees of the trust or
12    foundation, one of whom shall be appointed by the Governor,
13    one of whom shall be appointed by the President of the
14    Illinois Senate, one of whom shall be appointed by the
15    Minority Leader of the Illinois Senate, one of whom shall
16    be appointed by the Speaker of the Illinois House of
17    Representatives, one of whom shall be appointed by the
18    Minority Leader of the Illinois House of Representatives,
19    and one of whom shall be appointed by the electric utility
20    establishing the trust or foundation, provided that the
21    voting trustee appointed by the utility shall be a
22    representative of a recognized environmental action group
23    selected by the utility. The Governor shall designate one
24    of the 6 voting trustees to serve as chairman of the trust
25    or foundation, who shall serve as chairman of the trust or
26    foundation at the pleasure of the Governor. In addition,

 

 

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1    there shall be 5 non-voting trustees, one of whom shall be
2    appointed by the Director of Commerce and Economic
3    Opportunity, one of whom shall be appointed by the Director
4    of the Illinois Environmental Protection Agency, one of
5    whom shall be appointed by the Director of Natural
6    Resources, and 2 of whom shall be appointed by the electric
7    utility establishing the trust or foundation, provided
8    that the non-voting trustee appointed by the utility shall
9    bring financial expertise to the trust or foundation and
10    shall have appropriate credentials therefor.
11        (2) All voting trustees and the non-voting trustee with
12    financial expertise shall be entitled to compensation for
13    their services as trustees, provided, however, that no
14    member of the General Assembly and no employee of the
15    electric utility establishing the trust or foundation
16    serving as a voting trustee shall receive any compensation
17    for his or her services as a trustee, and provided further
18    that the compensation to the chairman of the trust shall
19    not exceed $25,000 annually and the compensation to any
20    other trustee shall not exceed $20,000 annually. All
21    trustees shall be entitled to reimbursement for reasonable
22    expenses incurred on behalf of the trust in the performance
23    of their duties as trustees. All such compensation and
24    reimbursements shall be paid out of the trust.
25        (3) Trustees shall be appointed within 30 days after
26    the creation of the trust or foundation and shall serve for

 

 

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1    a term of 5 years commencing upon the date of their
2    respective appointments, until their respective successors
3    are appointed and qualified.
4        (4) A vacancy in the office of trustee shall be filled
5    by the person holding the office responsible for appointing
6    the trustee whose death or resignation creates the vacancy,
7    and a trustee appointed to fill a vacancy shall serve the
8    remainder of the term of the trustee whose resignation or
9    death created the vacancy.
10        (5) The trust or foundation shall have an indefinite
11    term, and shall terminate at such time as no trust assets
12    remain.
13        (6) The trust or foundation shall be funded in the
14    minimum amount of $250,000,000, with the allocation and
15    disbursement of funds for the various purposes for which
16    the trust or foundation is established to be determined by
17    the trustees in accordance with the declaration of trust or
18    the articles of incorporation and bylaws; provided,
19    however, that this amount may be reduced by up to
20    $25,000,000 if, at the time the trust or foundation is
21    funded, a corresponding amount is contributed by the
22    electric utility establishing the trust or foundation to
23    the Board of Trustees of Southern Illinois University at
24    Carbondale for the purpose of funding programs or projects
25    related to clean coal and provided further that $25,000,000
26    of the amount contributed to the trust or foundation shall

 

 

10000HB1292ham001- 271 -LRB100 02980 AXK 38413 a

1    be available to fund programs or projects related to clean
2    coal.
3        (7) The trust or foundation shall be authorized to
4    employ an executive director and other employees, to enter
5    into leases, contracts and other obligations on behalf of
6    the trust or foundation, and to incur expenses that the
7    trustees deem necessary or appropriate for the fulfillment
8    of the purposes for which the trust or foundation is
9    established, provided, however, that salaries and
10    administrative expenses incurred on behalf of the trust or
11    foundation shall not exceed $500,000 in the first fiscal
12    year after the trust or foundation is established and shall
13    not exceed $1,000,000 in each subsequent fiscal year.
14        (8) The trustees may create and appoint advisory boards
15    or committees to assist them with the administration of the
16    trust or foundation, and to advise and make recommendations
17    to them regarding the contribution and disbursement of the
18    trust or foundation funds.
19    (c)(1) In addition to the allocation and disbursement of
20    funds for the purposes set forth in subsection (a) of this
21    Section, the trustees of the trust or foundation shall
22    annually contribute funds in amounts set forth in
23    subparagraph (2) of this subsection to the Citizens Utility
24    Board created by the Citizens Utility Board Act; provided,
25    however, that any such funds shall be used solely for the
26    representation of the interests of utility consumers

 

 

10000HB1292ham001- 272 -LRB100 02980 AXK 38413 a

1    before the Illinois Commerce Commission, the Federal
2    Energy Regulatory Commission, and the Federal
3    Communications Commission and for the provision of
4    consumer education on utility service and prices and on
5    benefits and methods of energy conservation. Provided,
6    however, that no part of such funds shall be used to
7    support (i) any lobbying activity, (ii) activities related
8    to fundraising, (iii) advertising or other marketing
9    efforts regarding a particular utility, or (iv)
10    solicitation of support for, or advocacy of, a particular
11    position regarding any specific utility or a utility's
12    docketed proceeding.
13        (2) In the calendar year in which the trust or
14    foundation is first funded, the trustees shall contribute
15    $1,000,000 to the Citizens Utility Board within 60 days
16    after such trust or foundation is established; provided,
17    however, that such contribution shall be made after
18    December 31, 1999. In each of the 6 calendar years
19    subsequent to the first contribution, if the trust or
20    foundation is in existence, the trustees shall contribute
21    to the Citizens Utility Board an amount equal to the total
22    expenditures by such organization in the prior calendar
23    year, as set forth in the report filed by the Citizens
24    Utility Board with the chairman of such trust or foundation
25    as required by subparagraph (3) of this subsection. Such
26    subsequent contributions shall be made within 30 days of

 

 

10000HB1292ham001- 273 -LRB100 02980 AXK 38413 a

1    submission by the Citizens Utility Board of such report to
2    the Chairman of the trust or foundation, but in no event
3    shall any annual contribution by the trustees to the
4    Citizens Utility Board exceed $1,000,000. Following such
5    7-year period, an Illinois statutory consumer protection
6    agency may petition the trust or foundation for
7    contributions to fund expenditures of the type identified
8    in paragraph (1), but in no event shall annual
9    contributions by the trust or foundation for such
10    expenditures exceed $1,000,000.
11        (3) The Citizens Utility Board shall file a report with
12    the chairman of such trust or foundation for each year in
13    which it expends any funds received from the trust or
14    foundation setting forth the amount of any expenditures
15    (regardless of the source of funds for such expenditures)
16    for: (i) the representation of the interests of utility
17    consumers before the Illinois Commerce Commission, the
18    Federal Energy Regulatory Commission, and the Federal
19    Communications Commission, and (ii) the provision of
20    consumer education on utility service and prices and on
21    benefits and methods of energy conservation. Such report
22    shall separately state the total amount of expenditures for
23    the purposes or activities identified by items (i) and (ii)
24    of this paragraph, the name and address of the external
25    recipient of any such expenditure, if applicable, and the
26    specific purposes or activities (including internal

 

 

10000HB1292ham001- 274 -LRB100 02980 AXK 38413 a

1    purposes or activities) for which each expenditure was
2    made. Any report required by this subsection shall be filed
3    with the chairman of such trust or foundation no later than
4    March 31 of the year immediately following the year for
5    which the report is required.
6    (d) In addition to any other allocation and disbursement of
7funds in this Section, the trustees of the trust or foundation
8shall contribute an amount up to $125,000,000 (1) for deposit
9into the General Obligation Bond Retirement and Interest Fund
10held in the State treasury to assist in the repayment on
11general obligation bonds issued under subsection (d) of Section
127 of the General Obligation Bond Act, and (2) for deposit into
13funds administered by agencies with responsibility for
14environmental activities to assist in payment for
15environmental programs. The amount required to be contributed
16shall be provided to the trustees in a certification letter
17from the Director of the Bureau of the Budget that shall be
18provided no later than August 1, 2003. The payment from the
19trustees shall be paid to the State no later than December 31st
20following the receipt of the letter.
21(Source: P.A. 99-906, eff. 6-1-17.)
 
22    (220 ILCS 5/16-111.2)
23    Sec. 16-111.2. Provisions related to proposed utility
24transactions.
25    (a) The General Assembly finds:

 

 

10000HB1292ham001- 275 -LRB100 02980 AXK 38413 a

1        (1) A transaction as described in paragraph (3) of this
2    subsection (a) will contribute to improved reliability of
3    the electric supply system in Illinois which is one of the
4    key purposes of the Illinois Electric Service Customer
5    Choice and Rate Relief Law of 1997.
6        (2) A transaction as described in paragraph (3) of this
7    subsection (a) is likely to promote additional investment
8    in the existing generating assets and in the development of
9    additional generation capacity in Illinois, and such
10    change in ownership is in the public interest, consistent
11    with the intent of the Illinois Electric Service Customer
12    Choice and Rate Relief Law of 1997 and beneficial for the
13    citizens of this State.
14        (3) As of the date on which this amendatory Act of 1999
15    becomes law, an electric utility providing service to more
16    than 1,000,000 customers in this State has proposed to sell
17    or transfer to a single buyer 5 or more generating plants
18    with a total net dependable capacity of 5000 megawatts or
19    more pursuant to subsection (g) of Section 16-111.
20        (4) Such electric utility anticipates receiving a sale
21    price or consideration as a result of such transaction
22    exceeding 200% of the book value of these plants.
23        (5) Such electric utility has presented to the Governor
24    and the leaders of the General Assembly a written
25    commitment in which such electric utility agrees to expend
26    $2,000,000,000 outside the corporate limits of any

 

 

10000HB1292ham001- 276 -LRB100 02980 AXK 38413 a

1    municipality with 1,000,000 or more inhabitants within
2    such electric utility's service area, over a 6-year period
3    beginning with this calendar year on projects, programs and
4    improvements within its service area relating to
5    transmission and distribution including, without
6    limitation, infrastructure expansion, repair and
7    replacement, capital investments, operations and
8    maintenance, and vegetation management.
9        (6) Such electric utility has committed that, if the
10    sale or transfer contemplated by paragraph (3) of this
11    subsection is consummated on or before December 31, 1999,
12    the electric utility shall make contributions totaling
13    $250,000,000 to entities within this State for, among other
14    purposes, environmental and clean coal initiatives
15    pursuant to Section 16-111.1, which commitment includes a
16    contribution of $25,000,000 to the Board of Trustees of
17    Southern Illinois University at Carbondale for the purpose
18    of funding programs or projects related to clean coal.
19    (b) That, in light of the findings in paragraphs (1) and
20(2) of subsection (a) and, in this instance, the circumstances
21described in paragraphs (3) through (6) of subsection (a) and
22otherwise, the General Assembly hereby finds that allowing the
23generating facilities being acquired to be eligible facilities
24under the provisions of the National Energy Policy Act of 1992
25that apply to exempt wholesale generators (A) will benefit
26consumers; (B) is in the public interest; and (C) does not

 

 

10000HB1292ham001- 277 -LRB100 02980 AXK 38413 a

1violate the law of this State.
2    (c) Nothing in this Section shall have any effect on the
3authority of the Commission under subsection (g) of Section
416-111 of this Act.
5(Source: P.A. 91-50, eff. 6-30-99.)
 
6    Section 315. The Solicitation for Charity Act is amended by
7changing Section 3 as follows:
 
8    (225 ILCS 460/3)  (from Ch. 23, par. 5103)
9    Sec. 3. Exemptions.
10    (a) Upon initial filing of a registration statement
11pursuant to Section 2 of this Act and notification by the
12Attorney General of his determination that the organizational
13purposes or circumstances specified in this paragraph for
14exemption are actual and genuine, the following entities shall
15be exempt from all the report filing provisions of this Act,
16except for the requirements set forth in Section 2 of this Act:
17        1. A corporation sole or other religious corporation,
18    trust or organization incorporated or established for
19    religious purposes, nor to any agency or organization
20    incorporated or established for charitable, hospital or
21    educational purposes and engaged in effectuating one or
22    more of such purposes, that is affiliated with, operated
23    by, or supervised or controlled by a corporation sole or
24    other religious corporation, trust or organization

 

 

10000HB1292ham001- 278 -LRB100 02980 AXK 38413 a

1    incorporated or established for religious purposes, nor to
2    other religious agencies or organizations which serve
3    religion by the preservation of religious rights and
4    freedom from persecution or prejudice or by fostering
5    religion, including the moral and ethical aspects of a
6    particular religious faith.
7        2. Any charitable organization which does not intend to
8    solicit and receive and does not actually receive
9    contributions in excess of $15,000 during any 12 month
10    period ending December 31 of any year. However, if the
11    gross contributions received by such charitable
12    organization during any 12 month period ending December 31
13    of any year shall be in excess of $15,000, it shall file
14    reports as required under this Act and the provisions of
15    this Act shall apply.
16    (b) The following persons shall not be required to register
17with the Attorney General:
18        1. The University of Illinois, Southern Illinois
19    University at Carbondale, Southern Illinois University at
20    Edwardsville, Eastern Illinois University, Illinois State
21    Normal University, Northern Illinois University, Western
22    Illinois University, all educational institutions that are
23    recognized by the State Board of Education or that are
24    accredited by a regional accrediting association or by an
25    organization affiliated with the National Commission on
26    Accrediting, any foundation having an established identity

 

 

10000HB1292ham001- 279 -LRB100 02980 AXK 38413 a

1    with any of the aforementioned educational institutions,
2    any other educational institution confining its
3    solicitation of contributions to its student body, alumni,
4    faculty and trustees, and their families, or a library
5    established under the laws of this State, provided that the
6    annual financial report of such institution or library
7    shall be filed with the State Board of Education, Governor,
8    Illinois State Library, County Library Board or County
9    Board, as provided by law.
10        2. Fraternal, patriotic, social, educational, alumni
11    organizations and historical societies when solicitation
12    of contributions is confined to their membership. This
13    exemption shall be extended to any subsidiary of a parent
14    or superior organization exempted by Sub-paragraph 2 of
15    Paragraph (b) of Section 3 of this Act where such
16    solicitation is confined to the membership of the
17    subsidiary, parent or superior organization.
18        3. Persons requesting any contributions for the relief
19    or benefit of any individual, specified by name at the time
20    of the solicitation, if the contributions collected are
21    turned over to the named beneficiary, first deducting
22    reasonable expenses for costs of banquets, or social
23    gatherings, if any, provided all fund raising functions are
24    carried on by persons who are unpaid, directly or
25    indirectly, for such services.
26        4. Any bona fide union, bona fide political

 

 

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1    organization or bona fide political action committee,
2    which does not solicit funds for a charitable purpose.
3        5. Any charitable organization receiving an allocation
4    from an incorporated community chest or united fund,
5    provided such chest or fund is complying with the
6    provisions of this Act relating to registration and filing
7    of annual reports with the Attorney General, and provided
8    such organization does not actually receive, in addition to
9    such allocation, contributions in excess of $4,000 during
10    any 12 month period ending June 30th of any year, and
11    provided further that all the fund raising functions of
12    such organization are carried on by persons who are unpaid
13    for such services. However, if the gross contributions
14    other than such allocation received by such charitable
15    organization during any 12 month period ending June 30th of
16    any year shall be in excess of $4,000, it shall within 30
17    days after the date it shall have received such
18    contributions in excess of $4,000 register with the
19    Attorney General as required by Section 2.
20        6. A bona fide organization of volunteer firemen, or a
21    bona fide auxiliary or affiliate of such organization,
22    provided all its fund raising activities are carried on by
23    members of such an organization or an affiliate thereof and
24    such members receive no compensation, directly or
25    indirectly, therefor.
26        7. Any charitable organization operating a nursery for

 

 

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1    infants awaiting adoption providing that all its fund
2    raising activities are carried on by members of such an
3    organization or an affiliate thereof and such members
4    receive no compensation, directly or indirectly therefor.
5        8. Any corporation established by the Federal Congress
6    that is required by federal law to submit annual reports of
7    its activities to Congress containing itemized accounts of
8    all receipts and expenditures after being duly audited.
9        9. Any boys' club which is affiliated with the Boys'
10    Club of America, a corporation chartered by Congress;
11    provided, however, that such an affiliate properly files
12    the reports required by the Boys' Club of America and that
13    the Boys' Club of America files with the Government of the
14    United States the reports required by its federal charter.
15        10. Any veterans organization chartered or
16    incorporated under federal law and any veterans
17    organization which is affiliated with, and recognized in
18    the bylaws of, a congressionally chartered or incorporated
19    veterans organization; provided, however, that the
20    affiliate properly files the reports required by the
21    congressionally chartered or incorporated veterans
22    organization, that the congressionally chartered or
23    incorporated veterans organization files with the
24    government of the United States the reports required by its
25    federal charter, and that copies of such federally required
26    reports are filed with the Attorney General.

 

 

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1        11. Any parent-teacher organization that is controlled
2    by teachers and parents of children attending a particular
3    public or private school for which the organization is
4    named and solicits contributions for the benefit of that
5    particular school; provided that:
6            (i) the school is specified by name at the time the
7        solicitation is made;
8            (ii) all of the contributions are turned over to
9        the school, after first deducting reasonable expenses
10        for fundraising and parent-teacher activities;
11            (iii) all fundraising functions are carried on by
12        persons who are not paid, either directly or
13        indirectly, for their fundraising services;
14            (iv) the total contributions, less reasonable
15        fundraising expenses, do not exceed $50,000 in any
16        calendar year;
17            (v) the organization provides the school at least
18        annually with a complete accounting of all
19        contributions received; and
20            (vi) the governing board of the school certifies to
21        the Attorney General, if the Attorney General makes a
22        request for certification, that the parent-teacher
23        organization has provided the school with a full
24        accounting and that the organization has provided
25        benefits and contributions to the school.
26(Source: P.A. 90-469, eff. 8-17-97; 91-444, eff. 8-6-99.)
 

 

 

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1    Section 320. The Liquor Control Act of 1934 is amended by
2changing Section 12-1 as follows:
 
3    (235 ILCS 5/12-1)
4    Sec. 12-1. Grape and Wine Resources Council.
5    (a) There is hereby created the Grape and Wine Resources
6Council, which shall have the powers and duties specified in
7this Article and all other powers necessary and proper to
8execute the provisions of this Article.
9    (b) The Council shall consist of 17 members including:
10        (1) The Director of Agriculture, ex officio, or the
11    Director's designee.
12        (2) The Dean of the Southern Illinois University at
13    Carbondale SIU College of Agriculture, or the Dean's
14    designee.
15        (3) The Dean of the University of Illinois College of
16    Agriculture, or the Dean's designee.
17        (4) An expert in enology or food science and nutrition
18    to be named by the Director of Agriculture from nominations
19    submitted jointly by the Deans of the Colleges of
20    Agriculture at Southern Illinois University at Carbondale
21    and the University of Illinois.
22        (5) An expert in marketing to be named by the Director
23    of Agriculture from nominations submitted jointly by the
24    Deans of the Colleges of Agriculture at Southern Illinois

 

 

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1    University at Carbondale and the University of Illinois.
2        (6) An expert in viticulture to be named by the
3    Director of Agriculture from nominations submitted jointly
4    by the Deans of the Colleges of Agriculture at Southern
5    Illinois University at Carbondale and the University of
6    Illinois.
7        (7) A representative from the Illinois Division of
8    Tourism, to be named by the Director of Commerce and
9    Economic Opportunity.
10        (8) Six persons to be named by the Director of
11    Agriculture from nominations from the President of the
12    Illinois Grape Growers and Vintners Association, of whom 3
13    shall be grape growers and 3 shall be vintners.
14        (9) Four persons, one of whom shall be named by the
15    Speaker of the House of Representatives, one of whom shall
16    be named by the Minority Leader of the House of
17    Representatives, one of whom shall be named by the
18    President of the Senate, and one of whom shall be named by
19    the Minority Leader of the Senate.
20Members of the Council shall receive no compensation, but shall
21be reimbursed for necessary expenses incurred in the
22performance of their duties. The Council's Chair shall be the
23Dean of the College of Agriculture at the University where the
24Council is housed.
25    (c) The Council shall be housed at Southern Illinois
26University at Carbondale, which shall maintain a collaborative

 

 

10000HB1292ham001- 285 -LRB100 02980 AXK 38413 a

1relationship with the University of Illinois at Champaign.
2(Source: P.A. 94-793, eff. 5-19-06.)
 
3    Section 325. The Illinois Rural/Downstate Health Act is
4amended by changing Sections 3, 3.1, and 5.5 as follows:
 
5    (410 ILCS 65/3)  (from Ch. 111 1/2, par. 8053)
6    Sec. 3. The Illinois Department of Public Health shall
7establish a downstate health care program as a component of
8primary care development. The Department shall create a Center
9for Rural Health to coordinate programs and activities within
10the agency relating to access to health care in rural areas and
11designated shortage areas. The Center may work with
12universities, private foundations, health care providers or
13other interested organizations, private foundations, health
14care providers or other interested organizations on innovative
15strategies to respond to the health care needs of residents of
16these areas.
17    The Center shall cooperate with Southern Illinois
18University programs and services of Southern Illinois
19University at Carbondale and Southern Illinois University at
20Edwardsville that respond to the health care needs of residents
21of downstate areas, including but not limited to the
22development of primary care centers, the development of
23obstetrical care centers through affiliation with hospitals
24and clinics, and the conduct of health research and evaluation.

 

 

10000HB1292ham001- 286 -LRB100 02980 AXK 38413 a

1    The Center shall cooperate with University of Illinois
2programs and services that respond to the health care needs of
3residents of downstate areas, including but not limited to:
4developing innovative educational strategies designed to
5graduate primary care physicians, especially family
6physicians, for all Illinois, particularly the rural
7underserved areas; developing primary care centers with
8comprehensive care, including emergency and obstetric care
9through affiliation with hospitals and clinics; and conducting
10health research and evaluation.
11(Source: P.A. 86-965; 86-1187; 87-1162.)
 
12    (410 ILCS 65/3.1)  (from Ch. 111 1/2, par. 8053.1)
13    Sec. 3.1. Southern Illinois University at Carbondale and
14Southern Illinois University at Edwardsville shall expand
15their its focus on rural health care as a component of health
16professions education programs on their its several campuses,
17including, but not limited to, its programs in medicine,
18nursing, dentistry, and technical careers, and through
19research and technical assistance programs. Southern Illinois
20The University at Edwardsville shall further encourage the
21regional outreach mission of its School of Medicine through the
22establishment of a dedicated administrative entity within the
23School with responsibility for rural health care planning and
24programming. Southern Illinois The University at Carbondale
25and Southern Illinois University at Edwardsville may work with

 

 

10000HB1292ham001- 287 -LRB100 02980 AXK 38413 a

1communities, state agencies, other colleges and universities,
2private foundations, health care providers, and other
3interested organizations on innovative strategies to respond
4to the health care needs of residents of rural areas.
5    Southern Illinois The University at Carbondale and
6Southern Illinois University at Edwardsville shall have the
7authority:
8    (a) To establish such clinical centers as may be necessary
9to carry out the intent of this Act according to the following
10priorities:
11        (1) Preference for programs which are designed to
12    facilitate the education of health professions students.
13        (2) Preference for programs established in locations
14    which exhibit potential for locating physicians in health
15    manpower shortage areas.
16        (3) Preference for programs which are located away from
17    communities in which medical school and residency programs
18    are located.
19        (4) Preference for programs which are geographically
20    distributed throughout downstate Illinois.
21    (b) To receive and disburse funds in accordance with the
22purpose stated in Section 2 of this Act.
23    (c) To enter into contracts or agreements with any agency
24or department of the State of Illinois or the United States to
25carry out the provisions of this Act.
26(Source: P.A. 86-1187.)
 

 

 

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1    (410 ILCS 65/5.5)
2    Sec. 5.5. Rural/Downstate Health Access Fund.
3    (a) The Rural/Downstate Health Access Fund is created as a
4special fund in the State treasury. Moneys from fees and gifts,
5grants, or donations made to the Center for Rural Health shall
6be deposited into the Fund. Subject to appropriation and except
7as provided in subsection (b) of this Section, moneys in the
8Fund shall be used in the following manner for rural health
9programs or for programs for the medically underserved
10authorized under this Act: 60.2% shall be distributed to the
11Department of Public Health, 26.3% shall be distributed to the
12Board of Trustees of Southern Illinois University at Carbondale
13and the Board of Trustees of Southern Illinois University at
14Edwardsville, and 13.5% shall be distributed to the Board of
15Trustees of the University of Illinois.
16    (b) The Center for Rural Health at the Department of Public
17Health may require that a J-1 Visa Waiver Program application
18fee be collected from international medical graduates for the
19purpose of administering the Program. J-1 Visa Waiver Program
20application fees shall be deposited into the Rural/Downstate
21Health Access Fund, shall be dedicated to the administration of
22the J-1 Visa Waiver Program in Illinois, and may not be subject
23to the distribution formula referenced in subsection (a) of
24this Section.
25    (c) The Center for Rural Health shall administer the Fund.

 

 

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1    (d) The Department shall adopt rules necessary to implement
2the provisions of this Section.
3(Source: P.A. 98-1006, eff. 1-1-15.)
 
4    Section 330. The Illinois Solid Waste Management Act is
5amended by changing Section 3.1 as follows:
 
6    (415 ILCS 20/3.1)  (from Ch. 111 1/2, par. 7053.1)
7    Sec. 3.1. Institutions of higher learning.
8    (a) For purposes of this Section "State-supported
9institutions of higher learning" or "institutions" means the
10University of Illinois, Southern Illinois University at
11Carbondale, Southern Illinois University at Edwardsville, the
12colleges and universities under the jurisdiction of the Board
13of Governors of State Colleges and Universities, the colleges
14and universities under the jurisdiction of the Board of Regents
15of Regency Universities, and the public community colleges
16subject to the Public Community College Act.
17    (b) Each State-supported institution of higher learning
18shall develop a comprehensive waste reduction plan covering a
19period of 10 years which addresses the management of solid
20waste generated by academic, administrative, student housing
21and other institutional functions. The waste reduction plan
22shall be developed by January 1, 1995. The initial plan
23required under this Section shall be updated by the institution
24every 5 years, and any proposed amendments to the plan shall be

 

 

10000HB1292ham001- 290 -LRB100 02980 AXK 38413 a

1submitted for review in accordance with subsection (f).
2    (c) Each waste reduction plan shall address, at a minimum,
3the following topics: existing waste generation by volume,
4waste composition, existing waste reduction and recycling
5activities, waste collection and disposal costs, future waste
6management methods, and specific goals to reduce the amount of
7waste generated that is subject to landfill disposal.
8    (d) Each waste reduction plan shall provide for recycling
9of marketable materials currently present in the institution's
10waste stream, including but not limited to landscape waste,
11corrugated cardboard, computer paper, and white office paper,
12and shall provide for the investigation of potential markets
13for other recyclable materials present in the institution's
14waste stream. The recycling provisions of the waste reduction
15plan shall be designed to achieve, by January 1, 2000, at least
16a 40% reduction (referenced to a base year of 1987) in the
17amount of solid waste that is generated by the institution and
18identified in the waste reduction plan as being subject to
19landfill disposal.
20    (e) Each waste reduction plan shall evaluate the
21institution's procurement policies and practices to eliminate
22procedures which discriminate against items with recycled
23content, and to identify products or items which are procured
24by the institution on a frequent or repetitive basis for which
25products with recycled content may be substituted. Each waste
26reduction plan shall prescribe that it will be the policy of

 

 

10000HB1292ham001- 291 -LRB100 02980 AXK 38413 a

1the institution to purchase products with recycled content
2whenever such products have met specifications and standards of
3equivalent products which do not contain recycled content.
4    (f) Each waste reduction plan developed in accordance with
5this Section shall be submitted to the Department of Commerce
6and Economic Opportunity for review and approval. The
7Department's review shall be conducted in cooperation with the
8Board of Higher Education and the Illinois Community College
9Board.
10    (g) The Department of Commerce and Economic Opportunity
11shall provide technical assistance, technical materials,
12workshops and other information necessary to assist in the
13development and implementation of the waste reduction plans.
14The Department shall develop guidelines and funding criteria
15for providing grant assistance to institutions for the
16implementation of approved waste reduction plans.
17(Source: P.A. 94-793, eff. 5-19-06.)
 
18    Section 335. The Illinois Groundwater Protection Act is
19amended by changing Section 7 as follows:
 
20    (415 ILCS 55/7)  (from Ch. 111 1/2, par. 7457)
21    Sec. 7. (a) The Department, with the advice of the
22Committee and the Council, shall develop a coordinated
23groundwater data collection and automation program. The
24collected and automated data shall include but need not be

 

 

10000HB1292ham001- 292 -LRB100 02980 AXK 38413 a

1limited to groundwater monitoring results, well logs,
2pollution source permits and water quality assessments. The
3Department shall act as the repository for such data and shall
4automate this data in a manner that is accessible and usable by
5all State agencies.
6    (b) The Department, in consultation with the Agency, the
7Committee and the Council, shall develop and administer an
8ongoing program of basic and applied research relating to
9groundwater. Information generated from this program will be
10made available to local governments seeking technical
11assistance from the Department. The research program shall
12include but need not be limited to:
13        (1) Long-term statewide groundwater quality
14    monitoring. A statewide monitoring well network shall be
15    composed of public water supply wells sampled by the
16    Agency, non-community wells sampled by the Department of
17    Public Health, and a representative sampling of other
18    existing private wells and newly constructed, dedicated
19    monitoring wells. The monitoring program shall be operated
20    for the following purposes: to evaluate, over time, the
21    appropriateness and effectiveness of groundwater quality
22    protection measures; to determine regional trends in
23    groundwater quality which may affect public health and
24    welfare; and to help identify the need for corrective
25    action. The Department shall periodically publish the
26    results of groundwater quality monitoring activities.

 

 

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1        (2) Statewide groundwater assessment. The Department
2    shall conduct assessments to enhance the State's data base
3    concerning groundwater resources. The assessments shall
4    include location of groundwater resources, mapping of
5    aquifers, identification of appropriate recharge areas,
6    and evaluation of baseline groundwater quality. The
7    Department shall complete the statewide mapping of
8    appropriate recharge areas within 18 months after the
9    enactment of this Act at a level of detail suitable for
10    guiding the Agency in establishing priority groundwater
11    protection planning regions.
12        (3) Evaluation of pesticide impacts upon groundwater.
13    Such evaluation shall include the general location and
14    extent of any contamination of groundwaters resulting from
15    pesticide use, determination of any practices which may
16    contribute to contamination of groundwaters, and
17    recommendations regarding measures which may help prevent
18    degradation of groundwater quality by pesticides. Priority
19    shall be given to those areas of the State where pesticides
20    are utilized most intensively. The Department shall
21    prepare an initial report by January 1, 1990.
22        (4) Other basic and applied research. The Department
23    may conduct research in at least the following areas:
24    groundwater hydrology and hydraulics, movement of
25    contaminants through geologic materials, aquifer
26    restoration, and remediation technologies.

 

 

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1    (c) The Department is authorized to accept and expend,
2subject to appropriation by the General Assembly, any and all
3grants, matching funds, appropriations from whatever source,
4or other items of value from the federal or state governments
5or from any institution, person, partnership, joint venture, or
6corporation, public or private, for the purposes of fulfilling
7its obligations under this Act.
8    (d) Southern Illinois University at Carbondale is
9authorized to conduct basic and applied research relating to
10chemical contamination of groundwater. It may assist the
11Department in conducting research on any of the subjects
12included in subsection (b) of this Section, and may accept and
13expend grants and other support from the Department or other
14sources for that purpose.
15(Source: P.A. 87-479.)
 
16    Section 340. The Court of Claims Act is amended by changing
17Sections 8, 22-1, and 22-2 as follows:
 
18    (705 ILCS 505/8)   (from Ch. 37, par. 439.8)
19    Sec. 8. Court of Claims jurisdiction; deliberation
20periods. The court shall have exclusive jurisdiction to hear
21and determine the following matters:
22    (a) All claims against the State founded upon any law of
23the State of Illinois or upon any regulation adopted thereunder
24by an executive or administrative officer or agency; provided,

 

 

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1however, the court shall not have jurisdiction (i) to hear or
2determine claims arising under the Workers' Compensation Act or
3the Workers' Occupational Diseases Act, or claims for expenses
4in civil litigation, or (ii) to review administrative decisions
5for which a statute provides that review shall be in the
6circuit or appellate court.
7    (b) All claims against the State founded upon any contract
8entered into with the State of Illinois.
9    (c) All claims against the State for time unjustly served
10in prisons of this State when the person imprisoned received a
11pardon from the governor stating that such pardon is issued on
12the ground of innocence of the crime for which he or she was
13imprisoned or he or she received a certificate of innocence
14from the Circuit Court as provided in Section 2-702 of the Code
15of Civil Procedure; provided, the amount of the award is at the
16discretion of the court; and provided, the court shall make no
17award in excess of the following amounts: for imprisonment of 5
18years or less, not more than $85,350; for imprisonment of 14
19years or less but over 5 years, not more than $170,000; for
20imprisonment of over 14 years, not more than $199,150; and
21provided further, the court shall fix attorney's fees not to
22exceed 25% of the award granted. On or after the effective date
23of this amendatory Act of the 95th General Assembly, the court
24shall annually adjust the maximum awards authorized by this
25subsection (c) to reflect the increase, if any, in the Consumer
26Price Index For All Urban Consumers for the previous calendar

 

 

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1year, as determined by the United States Department of Labor,
2except that no annual increment may exceed 5%. For the annual
3adjustments, if the Consumer Price Index decreases during a
4calendar year, there shall be no adjustment for that calendar
5year. The transmission by the Prisoner Review Board or the
6clerk of the circuit court of the information described in
7Section 11(b) to the clerk of the Court of Claims is conclusive
8evidence of the validity of the claim. The changes made by this
9amendatory Act of the 95th General Assembly apply to all claims
10pending on or filed on or after the effective date.
11    (d) All claims against the State for damages in cases
12sounding in tort, if a like cause of action would lie against a
13private person or corporation in a civil suit, and all like
14claims sounding in tort against the Medical Center Commission,
15the Board of Trustees of the University of Illinois, the Board
16of Trustees of Southern Illinois University at Carbondale, the
17Board of Trustees of Southern Illinois University at
18Edwardsville, the Board of Trustees of Chicago State
19University, the Board of Trustees of Eastern Illinois
20University, the Board of Trustees of Governors State
21University, the Board of Trustees of Illinois State University,
22the Board of Trustees of Northeastern Illinois University, the
23Board of Trustees of Northern Illinois University, the Board of
24Trustees of Western Illinois University, or the Board of
25Trustees of the Illinois Mathematics and Science Academy;
26provided, that an award for damages in a case sounding in tort,

 

 

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1other than certain cases involving the operation of a State
2vehicle described in this paragraph, shall not exceed the sum
3of $100,000 to or for the benefit of any claimant. The $100,000
4limit prescribed by this Section does not apply to an award of
5damages in any case sounding in tort arising out of the
6operation by a State employee of a vehicle owned, leased or
7controlled by the State. The defense that the State or the
8Medical Center Commission or the Board of Trustees of the
9University of Illinois, the Board of Trustees of Southern
10Illinois University at Carbondale, the Board of Trustees of
11Southern Illinois University at Edwardsville, the Board of
12Trustees of Chicago State University, the Board of Trustees of
13Eastern Illinois University, the Board of Trustees of Governors
14State University, the Board of Trustees of Illinois State
15University, the Board of Trustees of Northeastern Illinois
16University, the Board of Trustees of Northern Illinois
17University, the Board of Trustees of Western Illinois
18University, or the Board of Trustees of the Illinois
19Mathematics and Science Academy is not liable for the
20negligence of its officers, agents, and employees in the course
21of their employment is not applicable to the hearing and
22determination of such claims.
23    (e) All claims for recoupment made by the State of Illinois
24against any claimant.
25    (f) All claims pursuant to the Line of Duty Compensation
26Act. A claim under that Act must be heard and determined within

 

 

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1one year after the application for that claim is filed with the
2Court as provided in that Act.
3    (g) All claims filed pursuant to the Crime Victims
4Compensation Act.
5    (h) All claims pursuant to the Illinois National
6Guardsman's Compensation Act. A claim under that Act must be
7heard and determined within one year after the application for
8that claim is filed with the Court as provided in that Act.
9    (i) All claims authorized by subsection (a) of Section
1010-55 of the Illinois Administrative Procedure Act for the
11expenses incurred by a party in a contested case on the
12administrative level.
13(Source: P.A. 95-970, eff. 9-22-08; 96-80, eff. 7-27-09.)
 
14    (705 ILCS 505/22-1)  (from Ch. 37, par. 439.22-1)
15    Sec. 22-1. Within one 1 year from the date that such an
16injury was received or such a cause of action accrued, any
17person who is about to commence any action in the Court of
18Claims against the State of Illinois, the Medical Center
19Commission, the Board of Trustees of the University of
20Illinois, the Board of Trustees of Southern Illinois University
21at Carbondale, the Board of Trustees of Southern Illinois
22University at Edwardsville, the Board of Trustees of Chicago
23State University, the Board of Trustees of Eastern Illinois
24University, the Board of Trustees of Governors State
25University, the Board of Trustees of Illinois State University,

 

 

10000HB1292ham001- 299 -LRB100 02980 AXK 38413 a

1the Board of Trustees of Northeastern Illinois University, the
2Board of Trustees of Northern Illinois University, the Board of
3Trustees of Western Illinois University, or the Board of
4Trustees of the Illinois Mathematics and Science Academy, for
5damages on account of any injury to his person shall file in
6the office of the Attorney General and also in the office of
7the Clerk of the Court of Claims, either by himself, his agent,
8or attorney, giving the name of the person to whom the cause of
9action has accrued, the name and residence of the person
10injured, the date and about the hour of the accident, the place
11or location where the accident occurred, a brief description of
12how the accident occurred, and the name and address of the
13attending physician, if any, except as otherwise provided by
14the Crime Victims Compensation Act.
15    In actions for death by wrongful act, neglect or default,
16the executor of the estate, or in the event there is no will,
17the administrator or other personal representative of the
18decedent, shall file within 1 year of the date of death or the
19date that the executor or administrator is qualified, whichever
20occurs later, in the office of the Attorney General and also in
21the office of the Clerk of the Court of Claims, giving the name
22of the person to whom the cause of action has accrued, the name
23and last residence of the decedent, the date of the accident
24causing death, the date of the decedent's demise, the place or
25location where the accident causing the death occurred, the
26date and about the hour of the accident, a brief description of

 

 

10000HB1292ham001- 300 -LRB100 02980 AXK 38413 a

1how the accident occurred, and the names and addresses of the
2attending physician and treating hospital if any, except as
3otherwise provided by the Crime Victims Compensation Act.
4    A claimant is not required to file the notice required by
5this Section if he or she files his or her claim within one
6year of its accrual.
7(Source: P.A. 89-4, eff. 1-1-96; 90-492, eff. 8-17-97.)
 
8    (705 ILCS 505/22-2)  (from Ch. 37, par. 439.22-2)
9    Sec. 22-2. If the notice provided for by Section 22-1 is
10not filed as provided in that Section, any such action
11commenced against the State of Illinois, the Medical Center
12Commission, the Board of Trustees of the University of
13Illinois, the Board of Trustees of Southern Illinois University
14at Carbondale, the Board of Trustees of Southern Illinois
15University at Edwardsville, the Board of Trustees of Chicago
16State University, the Board of Trustees of Eastern Illinois
17University, the Board of Trustees of Governors State
18University, the Board of Trustees of Illinois State University,
19the Board of Trustees of Northeastern Illinois University, the
20Board of Trustees of Northern Illinois University, the Board of
21Trustees of Western Illinois University, or the Board of
22Trustees of the Illinois Mathematics and Science Academy, shall
23be dismissed and the person to whom any such cause of action
24accrued for any personal injury shall be forever barred from
25further action in the Court of Claims for such personal injury,

 

 

10000HB1292ham001- 301 -LRB100 02980 AXK 38413 a

1except as otherwise provided by the Crime Victims Compensation
2Act.
3(Source: P.A. 89-4, eff. 1-1-96.)
 
4    Section 345. The Eminent Domain Act is amended by changing
5Section 15-5-20 as follows:
 
6    (735 ILCS 30/15-5-20)
7    Sec. 15-5-20. Eminent domain powers in ILCS Chapters 105
8through 115. The following provisions of law may include
9express grants of the power to acquire property by condemnation
10or eminent domain:
 
11(105 ILCS 5/10-22.35A); School Code; school boards; for school
12    buildings.
13(105 ILCS 5/16-6); School Code; school boards; for adjacent
14    property to enlarge a school site.
15(105 ILCS 5/22-16); School Code; school boards; for school
16    purposes.
17(105 ILCS 5/32-4.13); School Code; special charter school
18    districts; for school purposes.
19(105 ILCS 5/34-20); School Code; Chicago Board of Education;
20    for school purposes.
21(110 ILCS 305/7); University of Illinois Act; Board of Trustees
22    of the University of Illinois; for general purposes,
23    including quick-take power.

 

 

10000HB1292ham001- 302 -LRB100 02980 AXK 38413 a

1(110 ILCS 325/2); University of Illinois at Chicago Land
2    Transfer Act; Board of Trustees of the University of
3    Illinois; for removal of limitations or restrictions on
4    property conveyed by the Chicago Park District.
5(110 ILCS 335/3); Institution for Tuberculosis Research Act;
6    Board of Trustees of the University of Illinois; for the
7    Institution for Tuberculosis Research.
8(110 ILCS 525/3); Southern Illinois University Revenue Bond
9    Act; Board of Trustees of Southern Illinois University at
10    Carbondale and Board of Trustees of Southern Illinois
11    University at Edwardsville; for general purposes.
12(110 ILCS 615/3); State Colleges and Universities Revenue Bond
13    Act of 1967; Board of Governors of State Colleges and
14    Universities; for general purposes.
15(110 ILCS 660/5-40); Chicago State University Law; Board of
16    Trustees of Chicago State University; for general
17    purposes.
18(110 ILCS 661/6-10); Chicago State University Revenue Bond Law;
19    Board of Trustees of Chicago State University; for general
20    purposes.
21(110 ILCS 665/10-40); Eastern Illinois University Law; Board of
22    Trustees of Eastern Illinois University; for general
23    purposes.
24(110 ILCS 666/11-10); Eastern Illinois University Revenue Bond
25    Law; Board of Trustees of Eastern Illinois University; for
26    general purposes.

 

 

10000HB1292ham001- 303 -LRB100 02980 AXK 38413 a

1(110 ILCS 670/15-40); Governors State University Law; Board of
2    Trustees of Governors State University; for general
3    purposes.
4(110 ILCS 671/16-10); Governors State University Revenue Bond
5    Law; Board of Trustees of Governors State University; for
6    general purposes.
7(110 ILCS 675/20-40); Illinois State University Law; Board of
8    Trustees of Illinois State University; for general
9    purposes.
10(110 ILCS 676/21-10); Illinois State University Revenue Bond
11    Law; Board of Trustees of Illinois State University; for
12    general purposes.
13(110 ILCS 680/25-40); Northeastern Illinois University Law;
14    Board of Trustees of Northeastern Illinois University; for
15    general purposes.
16(110 ILCS 681/26-10); Northeastern Illinois University Revenue
17    Bond Law; Board of Trustees of Northeastern Illinois
18    University; for general purposes.
19(110 ILCS 685/30-40); Northern Illinois University Law; Board
20    of Trustees of Northern Illinois University; for general
21    purposes.
22(110 ILCS 685/30-45); Northern Illinois University Law; Board
23    of Trustees of Northern Illinois University; for buildings
24    and facilities.
25(110 ILCS 686/31-10); Northern Illinois University Revenue
26    Bond Law; Board of Trustees of Northern Illinois

 

 

10000HB1292ham001- 304 -LRB100 02980 AXK 38413 a

1    University; for general purposes.
2(110 ILCS 690/35-40); Western Illinois University Law; Board of
3    Trustees of Western Illinois University; for general
4    purposes.
5(110 ILCS 691/36-10); Western Illinois University Revenue Bond
6    Law; Board of Trustees of Western Illinois University; for
7    general purposes.
8(110 ILCS 710/3); Board of Regents Revenue Bond Act of 1967;
9    Board of Regents; for general purposes.
10(110 ILCS 805/3-36); Public Community College Act; community
11    college district boards; for sites for college purposes.
12(Source: P.A. 96-328, eff. 8-11-09.)
 
13    (110 ILCS 520/3 rep.)
14    Section 500. The Southern Illinois University Management
15Act is amended by repealing Section 3.
 
16    Section 999. Effective date. This Act takes effect July 1,
172018.".