HB1079ham001 97TH GENERAL ASSEMBLY

Rep. Chapin Rose

Filed: 3/25/2011

09700HB1079ham001 LRB097 06555 NHT 53360 a

AMENDMENT TO HOUSE BILL 1079

AMENDMENT NO. ______. Amend House Bill 1079 by replacing everything after the enacting clause with the following:

"Section 5. The State Property Control Act is amended by changing Section 6.04 as follows:

(30 ILCS 605/6.04) (from Ch. 127, par. 133b9.4)

Sec. 6.04. Annually, and upon at least 30 days notice, the administrator may require each responsible officer to make, or cause to be made, an actual physical inventory check of all items of property under his jurisdiction and control and said inventory shall be certified to the administrator with a full accounting of all errors or exceptions reported therein. With respect to public universities, the Department of Central Management Services may require a listing of equipment items only for those items valued in excess of $2,000.

(Source: Laws 1955, p. 34.)

Section 10. The Board of Higher Education Act is amended by changing Section 7 as follows:

(110 ILCS 205/7) (from Ch. 144, par. 187)

Sec. 7. The Board of Trustees of the University of Illinois, the Board of Trustees of Southern Illinois University, the Board of Trustees of Chicago State University, the Board of Trustees of Eastern Illinois University, the Board of Trustees of Governors State University, the Board of Trustees of Illinois State University, the Board of Trustees of Northeastern Illinois University, the Board of Trustees of Northern Illinois University, the Board of Trustees of Western Illinois University, the Illinois Community College Board and the campuses under their governance or supervision shall not hereafter undertake the establishment of any new unit of instruction, research or public service without the approval of the Board. The term "new unit of instruction, research or public service" includes the establishment of a college, school, division, institute, department or other unit in any field of instruction, research or public service not theretofore included in the program of the institution, and includes the establishment of any new branch or campus. The term does not include reasonable and moderate extensions of existing curricula, research, or public service programs which have a direct relationship to existing programs; and the Board may, under its rule making power, define the character of such reasonable and moderate extensions.

Such governing boards shall submit to the Board all proposals for a new unit of instruction, research, or public service. The Board may approve or disapprove the proposal in whole or in part or approve modifications thereof whenever in its judgment such action is consistent with the objectives of an existing or proposed master plan of higher education.

The Board of Higher Education is authorized to review periodically all existing programs of instruction, research and public service at the State state universities and colleges and to advise the appropriate board of control if the contribution of each program is not educationally and economically justified. Each State university shall report annually to the Board on programs of instruction, research, or public service that have been terminated, dissolved, reduced, or consolidated by the university. Each university shall also report to the Board all programs of instruction, research, or public service that exhibit a trend of low performance in enrollments and degree completions and high expense per degree. The Board shall compile a report annually that shall contain information on new programs created, existing programs that have been closed or consolidated, and programs that exhibit low performance or productivity, and this report shall be submitted to the General Assembly. The Board shall have the authority to define relevant terms and timelines by rule.

(Source: P.A. 89-4, eff. 1-1-96.)

Section 15. The University of Illinois Act is amended by adding Section 80 as follows:

(110 ILCS 305/80 new)

Sec. 80. Unfunded mandates prohibited.

(a) The University shall not be obligated to comply with the following types of mandates unless a separate appropriation has been enacted into law providing full funding for the mandate for the academic year during which the mandate is required:

(1) Any mandate in this Act enacted after the effective date of this amendatory Act of the 97th General Assembly.

(2) Any regulatory mandate promulgated by the Board of Higher Education and adopted by rule after the effective date of this amendatory Act of the 97th General Assembly other than those promulgated with respect to this Section or statutes already enacted on or before the effective date of this amendatory Act of the 97th General Assembly.

(b) If the amount appropriated to fund a mandate described in subsection (a) of this Section does not fully fund the mandated activity, then the University may choose to discontinue or modify the mandated activity to ensure that the costs of compliance do not exceed the funding received.

(c) If the University discontinues or modifies a mandated activity due to lack of full funding from this State, then the University shall annually maintain and update a list of discontinued or modified mandated activities. The list shall be provided to the Board of Higher Education upon request.

Section 20. The Southern Illinois University Management Act is amended by adding Section 65 as follows:

(110 ILCS 520/65 new)

Sec. 65. Unfunded mandates prohibited.

(a) The University shall not be obligated to comply with the following types of mandates unless a separate appropriation has been enacted into law providing full funding for the mandate for the academic year during which the mandate is required:

(1) Any mandate in this Act enacted after the effective date of this amendatory Act of the 97th General Assembly.

(2) Any regulatory mandate promulgated by the Board of Higher Education and adopted by rule after the effective date of this amendatory Act of the 97th General Assembly other than those promulgated with respect to this Section or statutes already enacted on or before the effective date of this amendatory Act of the 97th General Assembly.

(b) If the amount appropriated to fund a mandate described in subsection (a) of this Section does not fully fund the mandated activity, then the University may choose to discontinue or modify the mandated activity to ensure that the costs of compliance do not exceed the funding received.

(c) If the University discontinues or modifies a mandated activity due to lack of full funding from this State, then the University shall annually maintain and update a list of discontinued or modified mandated activities. The list shall be provided to the Board of Higher Education upon request.

Section 25. The Chicago State University Law is amended by adding Section 5-175 as follows:

(110 ILCS 660/5-175 new)

Sec. 5-175. Unfunded mandates prohibited.

(a) The University shall not be obligated to comply with the following types of mandates unless a separate appropriation has been enacted into law providing full funding for the mandate for the academic year during which the mandate is required:

(1) Any mandate in this Act enacted after the effective date of this amendatory Act of the 97th General Assembly.

(2) Any regulatory mandate promulgated by the Board of Higher Education and adopted by rule after the effective date of this amendatory Act of the 97th General Assembly other than those promulgated with respect to this Section or statutes already enacted on or before the effective date of this amendatory Act of the 97th General Assembly.

(b) If the amount appropriated to fund a mandate described in subsection (a) of this Section does not fully fund the mandated activity, then the University may choose to discontinue or modify the mandated activity to ensure that the costs of compliance do not exceed the funding received.

(c) If the University discontinues or modifies a mandated activity due to lack of full funding from this State, then the University shall annually maintain and update a list of discontinued or modified mandated activities. The list shall be provided to the Board of Higher Education upon request.

Section 30. The Eastern Illinois University Law is amended by adding Section 10-175 as follows:

(110 ILCS 665/10-175 new)

Sec. 10-175. Unfunded mandates prohibited.

(a) The University shall not be obligated to comply with the following types of mandates unless a separate appropriation has been enacted into law providing full funding for the mandate for the academic year during which the mandate is required:

(1) Any mandate in this Act enacted after the effective date of this amendatory Act of the 97th General Assembly.

(2) Any regulatory mandate promulgated by the Board of Higher Education and adopted by rule after the effective date of this amendatory Act of the 97th General Assembly other than those promulgated with respect to this Section or statutes already enacted on or before the effective date of this amendatory Act of the 97th General Assembly.

(b) If the amount appropriated to fund a mandate described in subsection (a) of this Section does not fully fund the mandated activity, then the University may choose to discontinue or modify the mandated activity to ensure that the costs of compliance do not exceed the funding received.

(c) If the University discontinues or modifies a mandated activity due to lack of full funding from this State, then the University shall annually maintain and update a list of discontinued or modified mandated activities. The list shall be provided to the Board of Higher Education upon request.

Section 35. The Governors State University Law is amended by adding Section 15-175 as follows:

(110 ILCS 670/15-175 new)

Sec. 15-175. Unfunded mandates prohibited.

(a) The University shall not be obligated to comply with the following types of mandates unless a separate appropriation has been enacted into law providing full funding for the mandate for the academic year during which the mandate is required:

(1) Any mandate in this Act enacted after the effective date of this amendatory Act of the 97th General Assembly.

(2) Any regulatory mandate promulgated by the Board of Higher Education and adopted by rule after the effective date of this amendatory Act of the 97th General Assembly other than those promulgated with respect to this Section or statutes already enacted on or before the effective date of this amendatory Act of the 97th General Assembly.

(b) If the amount appropriated to fund a mandate described in subsection (a) of this Section does not fully fund the mandated activity, then the University may choose to discontinue or modify the mandated activity to ensure that the costs of compliance do not exceed the funding received.

(c) If the University discontinues or modifies a mandated activity due to lack of full funding from this State, then the University shall annually maintain and update a list of discontinued or modified mandated activities. The list shall be provided to the Board of Higher Education upon request.

Section 40. The Illinois State University Law is amended by adding Section 20-180 as follows:

(110 ILCS 675/20-180 new)

Sec. 20-180. Unfunded mandates prohibited.

(a) The University shall not be obligated to comply with the following types of mandates unless a separate appropriation has been enacted into law providing full funding for the mandate for the academic year during which the mandate is required:

(1) Any mandate in this Act enacted after the effective date of this amendatory Act of the 97th General Assembly.

(2) Any regulatory mandate promulgated by the Board of Higher Education and adopted by rule after the effective date of this amendatory Act of the 97th General Assembly other than those promulgated with respect to this Section or statutes already enacted on or before the effective date of this amendatory Act of the 97th General Assembly.

(b) If the amount appropriated to fund a mandate described in subsection (a) of this Section does not fully fund the mandated activity, then the University may choose to discontinue or modify the mandated activity to ensure that the costs of compliance do not exceed the funding received.

(c) If the University discontinues or modifies a mandated activity due to lack of full funding from this State, then the University shall annually maintain and update a list of discontinued or modified mandated activities. The list shall be provided to the Board of Higher Education upon request.

Section 45. The Northeastern Illinois University Law is amended by adding Section 25-175 as follows:

(110 ILCS 680/25-175 new)

Sec. 25-175. Unfunded mandates prohibited.

(a) The University shall not be obligated to comply with the following types of mandates unless a separate appropriation has been enacted into law providing full funding for the mandate for the academic year during which the mandate is required:

(1) Any mandate in this Act enacted after the effective date of this amendatory Act of the 97th General Assembly.

(2) Any regulatory mandate promulgated by the Board of Higher Education and adopted by rule after the effective date of this amendatory Act of the 97th General Assembly other than those promulgated with respect to this Section or statutes already enacted on or before the effective date of this amendatory Act of the 97th General Assembly.

(b) If the amount appropriated to fund a mandate described in subsection (a) of this Section does not fully fund the mandated activity, then the University may choose to discontinue or modify the mandated activity to ensure that the costs of compliance do not exceed the funding received.

(c) If the University discontinues or modifies a mandated activity due to lack of full funding from this State, then the University shall annually maintain and update a list of discontinued or modified mandated activities. The list shall be provided to the Board of Higher Education upon request.

Section 50. The Northern Illinois University Law is amended by adding Section 30-185 as follows:

(110 ILCS 685/30-185 new)

Sec. 30-185. Unfunded mandates prohibited.

(a) The University shall not be obligated to comply with the following types of mandates unless a separate appropriation has been enacted into law providing full funding for the mandate for the academic year during which the mandate is required:

(1) Any mandate in this Act enacted after the effective date of this amendatory Act of the 97th General Assembly.

(2) Any regulatory mandate promulgated by the Board of Higher Education and adopted by rule after the effective date of this amendatory Act of the 97th General Assembly other than those promulgated with respect to this Section or statutes already enacted on or before the effective date of this amendatory Act of the 97th General Assembly.

(b) If the amount appropriated to fund a mandate described in subsection (a) of this Section does not fully fund the mandated activity, then the University may choose to discontinue or modify the mandated activity to ensure that the costs of compliance do not exceed the funding received.

(c) If the University discontinues or modifies a mandated activity due to lack of full funding from this State, then the University shall annually maintain and update a list of discontinued or modified mandated activities. The list shall be provided to the Board of Higher Education upon request.

Section 55. The Western Illinois University Law is amended by adding Section 35-180 as follows:

(110 ILCS 690/35-180 new)

Sec. 35-180. Unfunded mandates prohibited.

(a) The University shall not be obligated to comply with the following types of mandates unless a separate appropriation has been enacted into law providing full funding for the mandate for the academic year during which the mandate is required:

(1) Any mandate in this Act enacted after the effective date of this amendatory Act of the 97th General Assembly.

(2) Any regulatory mandate promulgated by the Board of Higher Education and adopted by rule after the effective date of this amendatory Act of the 97th General Assembly other than those promulgated with respect to this Section or statutes already enacted on or before the effective date of this amendatory Act of the 97th General Assembly.

(b) If the amount appropriated to fund a mandate described in subsection (a) of this Section does not fully fund the mandated activity, then the University may choose to discontinue or modify the mandated activity to ensure that the costs of compliance do not exceed the funding received.

(c) If the University discontinues or modifies a mandated activity due to lack of full funding from this State, then the University shall annually maintain and update a list of discontinued or modified mandated activities. The list shall be provided to the Board of Higher Education upon request.

Section 99. Effective date. This Act takes effect upon becoming law.".