101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB3006

 

Introduced 2/5/2020, by Sen. Chapin Rose

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Board of Higher Education Act, the Public Community College Act, and the Higher Education Student Assistance Act. Increases the membership of the Board of Higher Education and makes other changes to the Board's membership. Provides that the Board may require the elimination of any program of instruction, research, or public service at a public university that exhibits a trend of low performance. Provides that, in evaluating a programmatic expansion or new program at a public institution of higher education, the Board, prior to approving the expansion or program, shall make certain findings about the region and the higher education infrastructure in this State. Provides that all of the rights, powers, duties, and functions vested by law in the Illinois Community College Board and the Illinois Student Assistance Commission are transferred to the Board of Higher Education on January 1, 2021. Abolishes the Illinois Community College Board and the Illinois Student Assistance Commission and provides for the transfer of personnel and property on that date.


LRB101 17679 CMG 67106 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB3006LRB101 17679 CMG 67106 b

1    AN ACT concerning higher education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Board of Higher Education Act is amended by
5changing Sections 2, 3, 4, and 7 and by adding Sections 5.5 and
69.39 as follows:
 
7    (110 ILCS 205/2)  (from Ch. 144, par. 182)
8    Sec. 2. Board of Higher Education.
9    (a) There is created a Board of Higher Education to consist
10of 15 16 members as follows:
11        (1) 13 10 members appointed by the Governor, by and
12    with the advice and consent of the Senate. No less than 6
13    of the members appointed under this subsection shall
14    represent public universities and no less than 6 members
15    shall represent public community colleges. Of the 13
16    members, one member shall be a faculty member of a public
17    university in this State, one member shall be a faculty
18    member of a private college or university in this State,
19    one member shall be faculty member of a public community
20    college in this State, and one member shall represent the
21    views of non-traditional students and shall be at least 24
22    years old. The members under this subsection shall be
23    residents of this State and shall be selected, as far as

 

 

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1    practicable, on the basis of their knowledge of or interest
2    or experience in problems of higher education. If the
3    Senate is not in session or is in recess when appointments
4    subject to its confirmation are made, the Governor shall
5    make temporary appointments that shall be subject to
6    subsequent Senate approval. ; one member of a public
7    university governing board, appointed by the Governor
8    without the advice and consent of the Senate; one member of
9    a private college or university board of trustees,
10    appointed by the Governor without the advice and consent of
11    the Senate; the chairman of the Illinois Community College
12    Board; the chairman of the Illinois Student Assistance
13    Commission; and
14        (2) Two nonvoting members who are students and are 2
15    student members selected by an the recognized advisory
16    committee of students of the Board of Higher Education, one
17    of whom must be a student at a public university and the
18    other a student at a public community college a
19    non-traditional undergraduate student who is at least 24
20    years old and represents the views of non-traditional
21    students, such as a person who is employed or is a parent.
22    One of the 10 members appointed by the Governor, by and
23    with the advice and consent of the Senate, must be a
24    faculty member at an Illinois public university.
25    Subject to a requirement that Board members in office on
26the effective date of this amendatory Act of the 101st General

 

 

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1Assembly may serve the full term to which they were appointed,
2the appointment of Board members to terms that commence on or
3after the effective date of this amendatory Act of the 101st
4General Assembly shall be made in a manner that gives effect at
5the earliest possible time to the change that is required by
6this amendatory Act of the 101st General Assembly in the
7representative composition of the Board's membership. Student
8members in office on the effective date of this amendatory Act
9of the 101st General Assembly may serve the full term to which
10they were selected, and the selection of student members to
11terms that commence on or after the effective date of this
12amendatory Act of the 101st General Assembly shall be made in a
13manner that gives effect at the earliest possible time to the
14change that is required by this amendatory Act of the 101st
15General Assembly in the representative composition of the
16student membership.
17    (b) The Governor shall designate the Chairman of the Board
18to serve until a successor is designated. No more than 6 7 of
19the members appointed by the Governor, excluding the Chairman,
20shall be affiliated with the same political party. The 10
21members appointed by the Governor with the advice and consent
22of the Senate shall be citizens of the State and shall be
23selected, as far as may be practicable, on the basis of their
24knowledge of, or interest or experience in, problems of higher
25education. If the Senate is not in session or is in recess,
26when appointments subject to its confirmation are made, the

 

 

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1Governor shall make temporary appointments which shall be
2subject to subsequent Senate approval.
3(Source: P.A. 100-167, eff. 1-1-18.)
 
4    (110 ILCS 205/3)  (from Ch. 144, par. 183)
5    Sec. 3. Terms; vacancies.
6    (a) The members of the Board whose appointments are subject
7to confirmation by the Senate shall be selected for 6-year
8terms expiring on January 31 of odd numbered years.
9    (b) The members of the Board shall continue to serve after
10the expiration of their terms until their successors have been
11appointed.
12    (c) Vacancies on the Board in offices appointed by the
13Governor shall be filled by appointment by the Governor for the
14unexpired term. If the appointment is subject to Senate
15confirmation and the Senate is not in session or is in recess
16when the appointment is made, the appointee shall serve subject
17to subsequent Senate approval of the appointment.
18    (d) Each student member shall serve a term of one year
19beginning on July 1 of each year.
20    (e) The member of the Board representing public university
21governing boards and the member of the Board representing
22private college and university boards of trustees, who are
23appointed by the Governor before the effective date of this
24amendatory Act of the 101st General Assembly but are not
25subject to confirmation by the Senate, shall serve terms of one

 

 

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1year beginning on July 1.
2(Source: P.A. 100-167, eff. 1-1-18.)
 
3    (110 ILCS 205/4)  (from Ch. 144, par. 184)
4    Sec. 4. The Board shall hold regular meetings at times
5specified in its rules. Special or additional meetings may be
6held on call of the Chairman, or upon a call signed by at least
76 members, or upon call of the Governor. Eight members of the
8Board shall constitute a quorum at all its meetings, but the
9approval of a new unit of instruction, research, or public
10service for a public institution of higher education, as
11provided in Section 7 shall require the concurrence of a
12majority of all the members of the Board.
13    The Chairmen of the Illinois Community College Board and
14the Illinois Student Assistance Commission holding membership
15on the Board each may designate an alternate to attend any
16meeting of the Board, and an alternate so designated shall have
17all rights and privileges of regular membership while acting
18for the Chairman who has so designated him or her.
19    The Board may employ and fix the compensation of
20professional and clerical staff and other assistants,
21including specialists and consultants, as it may deem
22necessary, on a full or part time basis.
23(Source: P.A. 94-905, eff. 1-1-07.)
 
24    (110 ILCS 205/5.5 new)

 

 

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1    Sec. 5.5. Transfer of powers from the Illinois Community
2College Board and Illinois Student Assistance Commission.
3    (a) All of the rights, powers, duties, and functions vested
4by law in the Illinois Community College Board or the Illinois
5Student Assistance Commission or in any office, council,
6committee, division, or bureau of the Illinois Community
7College Board or the Illinois Student Assistance Commission are
8transferred to the Board of Higher Education on January 1,
92021.
10    (b) Personnel employed by the Illinois Community College
11Board or the Illinois Student Assistance Commission on December
1231, 2020 are transferred to the Board of Higher Education on
13January 1, 2021.
14    The Board of Higher Education shall continue in effect all
15collective bargaining agreements in existence on December 31,
162020 between the Illinois Community College Board or the
17Illinois Student Assistance Commission and labor organizations
18representing personnel of the Illinois Community College Board
19or the Illinois Student Assistance Commission, respectively,
20and the Board of Higher Education shall continue to recognize
21these labor organizations as the exclusive bargaining
22representatives for the personnel, pursuant to the Illinois
23Educational Labor Relations Act or the Illinois Public Labor
24Relations Act.
25    The rights of State employees, the State, and its agencies
26under the Personnel Code and applicable collective bargaining

 

 

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1agreements and retirement plans are not affected by this
2subsection.
3    (c) All books, records, documents, property (real and
4personal), unexpended appropriations, including both obligated
5and unobligated appropriations, and pending business
6pertaining to the rights, powers, duties, and functions
7transferred to the Board of Higher Education under this Section
8shall be transferred and delivered to the Board of Higher
9Education on January 1, 2021, unless otherwise directed by the
10Governor. The Board of Higher Education is the successor agency
11of the Illinois Community College Board and the Illinois
12Student Assistance Commission for purposes of Section 9b of the
13State Finance Act and the Successor Agency Act.
14    (d) The rules, standards, and procedures of the Illinois
15Community College Board or the Illinois Student Assistance
16Commission that are in effect on December 31, 2020 and pertain
17to the rights, powers, duties, and functions transferred to the
18Board of Higher Education under this Section shall become the
19rules, standards, and procedures of the Board of Higher
20Education on January 1, 2021 and shall continue in effect until
21amended or repealed by the Board of Higher Education.
22    Any rules pertaining to the rights, powers, duties, and
23functions transferred to the Board of Higher Education under
24this Section that have been proposed by the Illinois Community
25College Board or the Illinois Student Assistance Commission but
26have not taken effect or been finally adopted or on before

 

 

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1December 31, 2020 shall become proposed rules of the Board of
2Higher Education on January 1, 2021, and any rulemaking
3procedures that have already been completed by the Illinois
4Community College Board or the Illinois Student Assistance
5Commission for those proposed rules need not be repeated.
6    (e) The rights, powers, duties, and functions transferred
7to the Board of Higher Education under this Section shall be
8vested in and exercised by the Board of Higher Education,
9subject to the provisions of this Section. An act done by the
10Board of Higher Education or an officer, employee, or agent of
11the Board of Higher Education in the exercise of the
12transferred rights, powers, duties, or functions shall have the
13same legal effect as if done by the Illinois Community College
14Board or the Illinois Student Assistance Commission or an
15officer, employee, or agent of the Illinois Community College
16Board or the Illinois Student Assistance Commission.
17    The transfer of rights, powers, duties, and functions to
18the Board of Higher Education under this Section does not
19invalidate any previous actions taken by or in respect to the
20Illinois Community College Board or the Illinois Student
21Assistance Commission or its officers, employees, or agents.
22    On January 1, 2021, references to the Illinois Community
23College Board or the Illinois Student Assistance Commission or
24its officers, employees, or agents in any document, contract,
25agreement, or law (other than this Section, Section 2-1 of the
26Public Community College Act, and Section 15 of the Higher

 

 

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1Education Student Assistance Act) shall, in appropriate
2contexts, be deemed to refer to the Board of Higher Education
3or its officers, employees, or agents.
4    The transfer of rights, powers, duties, and functions to
5the Board of Higher Education under this Section does not
6affect any person's rights, obligations, or duties, including
7any civil or criminal penalties applicable thereto, arising out
8of those transferred rights, powers, duties, and functions.
 
9    (110 ILCS 205/7)  (from Ch. 144, par. 187)
10    Sec. 7. The Board of Trustees of the University of
11Illinois, the Board of Trustees of Southern Illinois
12University, the Board of Trustees of Chicago State University,
13the Board of Trustees of Eastern Illinois University, the Board
14of Trustees of Governors State University, the Board of
15Trustees of Illinois State University, the Board of Trustees of
16Northeastern Illinois University, the Board of Trustees of
17Northern Illinois University, the Board of Trustees of Western
18Illinois University, the Illinois Community College Board and
19the campuses under their governance or supervision shall not
20hereafter undertake the establishment of any new unit of
21instruction, research, or public service without the approval
22of the Board. The term "new unit of instruction, research, or
23public service" includes the establishment of a college,
24school, division, institute, department, or other unit in any
25field of instruction, research, or public service not

 

 

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1theretofore included in the program of the institution, and
2includes the establishment of any new branch or campus. The
3term does not include reasonable and moderate extensions of
4existing curricula, research, or public service programs which
5have a direct relationship to existing programs; and the Board
6may, under its rulemaking power, define the character of such
7reasonable and moderate extensions.
8    Such governing boards shall submit to the Board all
9proposals for a new unit of instruction, research, or public
10service. The Board may approve or disapprove the proposal in
11whole or in part or approve modifications thereof whenever in
12its judgment such action is consistent with the objectives of
13an existing or proposed master plan of higher education.
14    The Board of Higher Education is authorized to review
15periodically all existing programs of instruction, research,
16and public service at the State universities and colleges and
17to advise the appropriate board of control if the contribution
18of each program is not educationally and economically
19justified. Each State university shall report annually to the
20Board on programs of instruction, research, or public service
21that have been terminated, dissolved, reduced, or consolidated
22by the university. Each State university shall also report to
23the Board all programs of instruction, research, and public
24service that exhibit a trend of low performance in enrollments,
25degree completions, and high expense per degree. The Board may
26require the elimination of any program of instruction,

 

 

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1research, or public service at a State university that exhibits
2a trend of low performance. The Board shall compile an annual
3report that shall contain information on new programs created,
4existing programs that have been closed, eliminated, or
5consolidated, and programs that exhibit low performance or
6productivity. The report must be submitted to the General
7Assembly. The Board shall have the authority to define relevant
8terms and timelines by rule with respect to this reporting.
9(Source: P.A. 101-81, eff. 7-12-19.)
 
10    (110 ILCS 205/9.39 new)
11    Sec. 9.39. Evaluation of programmatic expansions and new
12programs. In evaluating programmatic expansions and new
13programs at public institutions of higher education, the Board,
14prior to approving such expansions or new programs, shall make
15the following findings:
16        (1) that such an expansion or new program is meeting an
17    unmet need in that region of the State or serving an
18    unserved or underserved population;
19        (2) in cases in which subdivision (1) cannot be
20    satisfied, that a market-demand analysis has been
21    performed to rationally justify that growth opportunity in
22    the area will be forthcoming in the immediate future;
23        (3) that the institution has the ability, if so
24    approved, to offer a quality program at a price point that
25    is cheaper for students than existing options elsewhere in

 

 

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1    the area; and
2        (4) that the opening of such a program does not
3    negatively impact the optimal efficiency of the existing
4    higher education infrastructure in this State.
 
5    Section 10. The Public Community College Act is amended by
6changing Section 2-1 as follows:
 
7    (110 ILCS 805/2-1)  (from Ch. 122, par. 102-1)
8    Sec. 2-1. Illinois Community College Board; abolition.
9    (a) There is created the Illinois Community College Board
10hereinafter referred to as the "State Board". The State Board
11shall consist of 12 members as follows: a nonvoting student
12member selected by the recognized advisory committee of
13students of the Illinois Community College Board, this student
14to serve for a term of one year beginning on July 1 of each
15year, except that the student member initially selected shall
16serve a term beginning on the date of such selection and
17expiring on the next succeeding June 30, and except that any
18student member or former student member may be selected by the
19recognized advisory committee of students of the State Board to
20serve a second term as the nonvoting student member of the
21State Board; and 11 members, one of whom shall be a senior
22citizen age 60 or over, to be appointed by the Governor by and
23with the advice and consent of the Senate. Beginning on July 1,
242005, one of the 11 members appointed by the Governor, by and

 

 

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1with the advice and consent of the Senate, must be a faculty
2member at an Illinois public community college. Also beginning
3on July 1, 2005, one of the 11 members appointed by the
4Governor, by and with the advice and consent of the Senate,
5must be a member of the board of trustees of a public community
6college district. After the effective date of this amendatory
7Act of the 97th General Assembly, one of the 11 members to be
8appointed by the Governor, by and with the advice and consent
9of the Senate, must be the president of a public community
10college, the Chancellor of City Colleges of Chicago (Community
11College District No. 508), or the Chief Executive Officer of
12Illinois Eastern Community Colleges (Community College
13District No. 529). The membership requirements set forth in
14this Section apply only to the State Board and shall have no
15effect on the membership of the board of trustees of a
16community college district. The members first appointed under
17this amendatory Act of 1984 shall serve for a term of 6 years.
18After the expiration of the terms of the office of the members
19first appointed to the State Board, their respective successors
20shall hold office for a term of 6 years and until their
21successors are qualified and seated. In the event of vacancies
22on the State Board in offices appointed by the Governor
23occurring during a recess of the Senate, the Governor shall
24have the power to make temporary appointments until the next
25meeting of the Senate, when the vacancy shall be filled by
26nomination to be confirmed by the Senate.

 

 

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1    (b) On January 1, 2021, the State Board is abolished and
2the terms of all members end. Except for references in this
3Section, beginning on January 1, 2021, references in this Act
4to the Illinois Community College Board shall, in appropriate
5contexts, be deemed to refer to the Board of Higher Education.
6(Source: P.A. 97-1106, eff. 8-27-12.)
 
7    (110 ILCS 805/2-2 rep.)
8    (110 ILCS 805/2-3 rep.)
9    (110 ILCS 805/2-5 rep.)
10    (110 ILCS 805/2-8 rep.)
11    (110 ILCS 805/2-9 rep.)
12    Section 15. The Public Community College Act is amended by
13repealing Sections 2-2, 2-3, 2-5, 2-8, and 2-9.
 
14    Section 20. The Higher Education Student Assistance Act is
15amended by changing Section 15 as follows:
 
16    (110 ILCS 947/15)
17    Sec. 15. Illinois Student Assistance Commission;
18abolition.
19    (a) There is established the Illinois Student Assistance
20Commission, consisting of 10 persons to be appointed by the
21Governor with the advice and consent of the Senate. The
22membership of the Commission shall consist of one
23representative of the institutions of higher learning operated

 

 

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1by the State; one representative of the private institutions of
2higher learning located in the State; one representative of the
3public community colleges located in the State; one
4representative of the public high schools located in the State;
55 citizens of the State chosen for their knowledge of and
6interest in higher education, but not employed by,
7professionally affiliated with, or members of the governing
8boards of any institution of higher learning located in the
9State, and one student member selected from nominations
10submitted to the Governor by multi-campus student
11organizations, including but not limited to, the recognized
12advisory committee of students of the Illinois Community
13College Board, the recognized advisory committee of students of
14the Board of Higher Education, and the recognized advisory
15committee of students of the Federation of Independent Illinois
16Colleges and Universities. The Governor shall designate one
17member, other than the student member, as chairman. Each member
18of the Commission, including the student member, shall serve
19without compensation, but shall be reimbursed for expenses
20necessarily incurred in performing his or her duties under this
21Act. Subject to a requirement that Commission members in office
22on the effective date of this amendatory Act of 1995 may serve
23the full term to which they were appointed, the appointment of
24Commission members to terms that commence on or after that
25effective date shall be made in a manner that gives effect at
26the earliest possible time to the change that is required by

 

 

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1this amendatory Act in the representative composition of the
2Commission's membership.
3    (b) The term of office of each member, other than the
4student member, is 6 years from July 1 of the year of
5appointment, and until his successor is appointed and
6qualified. If a member's tenure of office, other than that of
7the student member, is terminated for any reason before his or
8her term has expired, the Governor shall fill the vacancy by
9the appointment of a person who has the same representative
10status as the person whose term has been so terminated, and the
11new appointee shall hold office only for the remainder of that
12term and until a successor is appointed and qualified. The term
13of the student member shall be for 2 years from July 1 of each
14odd-numbered year. If the tenure of the student member is
15terminated for any reason, the vacancy shall be filled in the
16same manner as heretofore provided for a regular term of office
17appointment of the student member. The new student appointee
18shall hold office only for the remainder of that term. A
19student appointee's status on the Commission may not be
20considered in determining his or her eligibility for programs
21administered by the Commission.
22    (c) Before the effective date of this amendatory Act of the
23101st General Assembly, in In accordance with the provisions of
24the State Universities Civil Service Act, the Commission shall
25employ a professionally qualified person as the Executive
26Director of the Commission, and such other employees as may be

 

 

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1necessary to effectuate the purposes of this Act. Beginning on
2the effective date of this amendatory Act of the 101st General
3Assembly, to effectuate the purposes of this Act and in
4accordance with the State Universities Civil Service Act, the
5Board of Higher Education shall employ a professionally
6qualified person as an executive officer and such employees as
7may be necessary.
8    (d) The Commission shall meet at least once in each fiscal
9year, and may meet at other times which the Chairman may
10designate by giving at least 10 days' written notice to each
11member.
12    (e) On January 1, 2021, the Commission is abolished and the
13terms of all members end. Except for references in this
14Section, beginning on January 1, 2021, references in this Act
15to the Illinois Student Assistance Commission shall, in
16appropriate contexts, be deemed to refer to the Board of Higher
17Education.
18(Source: P.A. 99-198, eff. 7-30-15.)

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    110 ILCS 205/2from Ch. 144, par. 182
4    110 ILCS 205/3from Ch. 144, par. 183
5    110 ILCS 205/4from Ch. 144, par. 184
6    110 ILCS 205/5.5 new
7    110 ILCS 205/7from Ch. 144, par. 187
8    110 ILCS 205/9.39 new
9    110 ILCS 805/2-1from Ch. 122, par. 102-1
10    110 ILCS 805/2-2 rep.
11    110 ILCS 805/2-3 rep.
12    110 ILCS 805/2-5 rep.
13    110 ILCS 805/2-8 rep.
14    110 ILCS 805/2-9 rep.
15    110 ILCS 947/15