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Full Text of HB3810  97th General Assembly


Sen. John J. Cullerton

Filed: 5/2/2012





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2    AMENDMENT NO. ______. Amend House Bill 3810 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The School Code is amended by changing Sections
530-9, 30-10, 30-11, 30-12, 30-12.5, and 30-13 and by adding
6Section 30-13.5 as follows:
7    (105 ILCS 5/30-9)  (from Ch. 122, par. 30-9)
8    Sec. 30-9. General Assembly scholarship; conditions of
9admission; award by competitive examination.
10    Each member of the General Assembly may nominate annually 2
11persons of school age and otherwise eligible, from his
12district; each shall receive a certificate of scholarship in
13any State supported university designated by the member. Any
14member of the General Assembly in making nominations under this
15Section may designate that his nominee be granted a 4 year
16scholarship or may instead designate 2 or 4 nominees for that



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1particular scholarship, each to receive a 2 year or a one year
2scholarship, respectively. The nominee, if a graduate of a
3school accredited by the University to which nominated, shall
4be admitted to the university on the same conditions as to
5educational qualifications as are other graduates of
6accredited schools. If the nominee is not a graduate of a
7school accredited by the university to which nominated, he
8must, before being entitled to the benefits of the scholarship,
9pass an examination given by the superintendent of schools of
10the county where he resides at the time stated in Section 30-7
11for the competitive examination. The president of each
12university shall prescribe the rules governing the examination
13for scholarship to his university.
14    A member of the General Assembly may award the scholarship
15by competitive examination conducted under like rules as
16prescribed in Section 30-7 even though one or more of the
17applicants are graduates of schools accredited by the
19    A member of the General Assembly may delegate to the
20Illinois Student Assistance Commission the authority to
21nominate persons for General Assembly scholarships which that
22member would otherwise be entitled to award, or may direct the
23Commission to evaluate and make recommendations to the member
24concerning candidates for such scholarships. In the event a
25member delegates his nominating authority or directs the
26Commission to evaluate and make recommendations concerning



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1candidates for General Assembly scholarships, the member shall
2inform the Commission in writing of the criteria which he
3wishes the Commission to apply in nominating or recommending
4candidates. Those criteria may include some or all of the
5criteria provided in Section 25 of the Higher Education Student
6Assistance Act. A delegation of authority under this paragraph
7may be revoked at any time by the member.
8    Failure of a member of the General Assembly to make a
9nomination in any year shall not cause that scholarship to
10lapse, but the member may make a nomination for such
11scholarship at any time thereafter before the expiration of his
12term, and the person so nominated shall be entitled to the same
13benefits as holders of other scholarships provided herein. Any
14such scholarship for which a member has made no nomination
15prior to the expiration of the term for which he was elected
16shall lapse upon the expiration of that term.
17(Source: P.A. 93-349, eff. 7-24-03.)
18    (105 ILCS 5/30-10)  (from Ch. 122, par. 30-10)
19    Sec. 30-10. Filing nominations-Failure to accept or
20pass-Second nomination.
21    Nominations, under Section 30-9, showing the name and
22address of the nominee, and the term of the scholarship,
23whether 4 years, 2 years or one year, must be filed with the
24State Superintendent of Education not later than the opening
25day of the semester or term with which the scholarship is to



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1become effective. The State Superintendent of Education shall
2forthwith notify the president of the university of such
4    If the nominee fails to accept the nomination or, not being
5a graduate of a school accredited by the university, fails to
6pass the examination for admission, the president of the
7university shall at once notify the State Superintendent of
8Education. Upon receiving such notification, the State
9Superintendent of Education shall notify the nominating
10member, who may name another person for the scholarship. The
11second nomination must be received by the State Superintendent
12of Education not later than the middle of the semester or term
13with which the scholarship was to have become effective under
14the original nomination in order to become effective as of the
15opening date of such semester or term otherwise it shall not
16become effective until the beginning of the next semester or
17term following the making of the second nomination. Upon
18receiving such notification, the State Superintendent of
19Education shall notify the president of the university of such
20second nomination. If any person nominated after the effective
21date of this amendatory Act of 1973 to receive a General
22Assembly scholarship changes his residence to a location
23outside of the district from which he was nominated, his
24nominating member may terminate that scholarship at the
25conclusion of the college year in which he is then enrolled.
26For purposes of this paragraph, a person changes his residence



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1if he registers to vote in a location outside of the district
2from which he was nominated, but does not change his residence
3merely by taking off-campus housing or living in a
4nonuniversity residence.
5(Source: P.A. 93-349, eff. 7-24-03.)
6    (105 ILCS 5/30-11)  (from Ch. 122, par. 30-11)
7    Sec. 30-11. Failure to use scholarship - Further
8nominations. If any nominee under Section 30-9 or 30-10
9discontinues his course of instruction or fails to use the
10scholarship, leaving 1, 2, 3, or 4 years thereof unused, the
11member of the General Assembly may, except as otherwise
12provided in this Article, nominate some other person eligible
13under this Article from his district who shall be entitled to
14the scholarship for the unexpired period thereof. Such
15appointment to an unexpired scholarship vacated before July 1,
161961, may be made only by the member of the General Assembly
17who made the original appointment and during the time he is
18such a member. If a scholarship is vacated on or after July 1,
191961, and the member of the General Assembly who made the
20original appointment has ceased to be a member, some eligible
21person may be nominated in the following manner to fill the
22vacancy: If the original appointment was made by a Senator,
23such nomination shall be made by the Senator from the same
24district; if the original appointment was made by a
25Representative, such nomination shall be made by the



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1Representative from the same district. Every nomination to fill
2a vacancy must be accompanied either by a release of the
3original nominee or if he is dead then an affidavit to that
4effect by some competent person. The failure of a nominee to
5register at the university within 20 days after the opening of
6any semester or term shall be deemed a release by him of the
7nomination, unless he has been granted a leave of absence in
8accordance with Section 30-14 or unless his absence is by
9reason of his entry into the military service of the United
10States. The university shall immediately upon the expiration of
1120 days after the beginning of the semester or term notify the
12State Board of Education as to the status of each scholarship,
13who shall forthwith notify the nominating member of any
14nominee's failure to register or, if the nominating member has
15ceased to be a member of the General Assembly, shall notify the
16member or members entitled to make the nomination to fill the
17vacancy. All nominations to unused or unexpired scholarships
18shall be effective as of the opening of the semester or term of
19the university during which they are made if they are filed
20with the university during the first half of the semester or
21term, otherwise they shall not be effective until the opening
22of the next following semester or term.
23(Source: P.A. 93-349, eff. 7-24-03.)
24    (105 ILCS 5/30-12)  (from Ch. 122, par. 30-12)
25    Sec. 30-12. Failure to begin or discontinuance of course



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1because of military service.
2    Any nominee, under Sections 30--9, 30--10, or 30--11, who
3fails to begin or discontinues his course of instruction
4because of his entry into the military service of the United
5States, leaving all or a portion of the scholarship unused,
6may, upon completion of such service, use the scholarship or
7the unused portion thereof, regardless of whether or not the
8member of the General Assembly who nominated him is then a
9member; provided that during the nominee's period of military
10service no other person may be nominated by such member to all
11or any portion of such unused or unfinished scholarship unless
12the nomination is accompanied either by a release of the
13original nominee or if he is dead then an affidavit to that
14effect by some competent person.
15(Source: Laws 1961, p. 31.)
16    (105 ILCS 5/30-12.5)
17    Sec. 30-12.5. Waiver of confidentiality.
18    (a) As a condition of nomination for a General Assembly
19scholarship under Section 30-9, 30-10, or 30-11, each nominee
20shall provide to the member of the General Assembly making the
21nomination a waiver document stating that, notwithstanding any
22provision of law to the contrary, if the nominee receives a
23General Assembly scholarship, then the nominee waives all
24rights to confidentiality with respect to the contents of the
25waiver document. The waiver document shall state at a minimum



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1the nominee's name, domicile address, attending university,
2degree program in which the nominee is enrolled, amount of
3tuition waived by the legislative scholarship and the name of
4the member of the General Assembly who is making the
5nomination. The waiver document shall also contain a statement
6by the nominee that, at the time of the nomination for the
7legislative scholarship, the domicile of the nominee is within
8the legislative district of the legislator making the
9scholarship nomination. The waiver document must be signed by
10the nominee, and the nominee shall have his or her signature on
11the waiver document acknowledged before a notary public. The
12member of the General Assembly making the nomination shall file
13the signed, notarized waiver document, together with the
14nomination itself, with the State Superintendent of Education.
15By so filing the waiver document, the member waives all his or
16her rights to confidentiality with respect to the contents of
17the waiver document.
18    (b) The legislative scholarship of any nominee shall be
19revoked upon a determination by the State Board of Education
20after a hearing that the nominee knowingly provided false or
21misleading information on the waiver document. Upon revocation
22of the legislative scholarship, the scholarship nominee shall
23reimburse the university for the full amount of any tuition
24waived prior to revocation of the scholarship.
25    (c) The Illinois Student Assistance Commission shall
26prepare a form waiver document to be used as provided in



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1subsection (a) and shall provide copies of the form upon
3(Source: P.A. 93-349, eff. 7-24-03.)
4    (105 ILCS 5/30-13)  (from Ch. 122, par. 30-13)
5    Sec. 30-13. Use of scholarship at public university. The
6scholarships issued under Sections 30-9 through 30-12 of this
7Article may be used at the University of Illinois, Southern
8Illinois University, Chicago State University, Eastern
9Illinois University, Governors State University, Illinois
10State University, Northeastern Illinois University, Northern
11Illinois University, and Western Illinois University as
12provided in those sections. Unless otherwise indicated, these
13scholarships shall be good for a period of not more than 4
14years while enrolled for residence credit and shall exempt the
15holder from the payment of tuition, or any matriculation,
16graduation, activity, term or incidental fee, except any
17portion of a multipurpose fee which is used for a purpose for
18which exemption is not granted under this Section. Exemption
19shall not be granted from any other fees, including book
20rental, service, laboratory, supply, union building, hospital
21and medical insurance fees and any fees established for the
22operation and maintenance of buildings, the income of which is
23pledged to the payment of interest and principal on bonds
24issued by the governing board of any university or community



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1    Any student who has been or shall be awarded a scholarship
2shall be reimbursed by the appropriate university or community
3college for any fees which he has paid and for which exemption
4is granted under this Section, if application for such
5reimbursement is made within 2 months following the school term
6for which the fees were paid.
7    The holder of a scholarship shall be subject to all
8examinations, rules and requirements of the university or
9community college in which he is enrolled except as herein
11    This article does not prohibit the Board of Trustees of the
12University of Illinois, the Board of Trustees of Southern
13Illinois University, the Board of Regents of the Regency
14Universities System and the Board of Governors of State
15Colleges and Universities for the institutions under their
16respective jurisdictions from granting other scholarships.
17(Source: P.A. 88-228; 89-4, eff. 1-1-96.)
18    (105 ILCS 5/30-13.5 new)
19    Sec. 30-13.5. General Assembly scholarship program
20abolished. Before September 1, 2012, each member of the
21General Assembly may nominate persons to receive a scholarship
22or certificate of scholarship under Sections 30-9, 30-10,
2330-11, 30-12, 30-12.5, and 30-13 of this Code as they existed
24before the effective date of this amendatory Act of the 97th
25General Assembly. A person nominated to receive or awarded such



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1a scholarship or certificate before September 1, 2012 is
2entitled to the scholarship under the terms of Sections 30-9,
330-10, 30-11, 30-12, 30-12.5, and 30-13 of this Code as they
4existed before the effective date of this amendatory Act of the
597th General Assembly and Section 30-14 of this Code.
6    Section 10. The Board of Higher Education Act is amended by
7changing Section 9.29 as follows:
8    (110 ILCS 205/9.29)
9    Sec. 9.29. Tuition and fee waiver report and task force.
10    (a) The Board of Higher Education shall annually compile
11information concerning tuition and fee waivers and tuition and
12fee waiver programs that has been provided by the Boards of
13Trustees of the University of Illinois, Southern Illinois
14University, Chicago State University, Eastern Illinois
15University, Governors State University, Illinois State
16University, Northeastern Illinois University, Northern
17Illinois University, and Western Illinois University and shall
18report its findings and recommendations concerning tuition and
19fee waivers and tuition and fee waiver programs to the General
20Assembly by filing copies of its report by December 31 of each
21year as provided in Section 3.1 of the General Assembly
22Organization Act.
23    (b) The General Assembly finds and declares (i) that the
24Board of Higher Education reports that in Fiscal Year 2011



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1public institutions of higher education awarded tuition and fee
2waivers totaling nearly $415 million; (ii) that 83.9% of these
3waivers were discretionary in that they were awarded at the
4discretion of each institution and valued at over $348 million;
5(iii) that the remaining 16.1% of waivers were mandatory in
6that institutions had to award the waivers by statute; and (iv)
7that because of the significant cost of such waivers, it is
8important to review, evaluate, and verify that these waivers
9are in the public interest and impose a reasonable financial
10impact upon higher education.
11    There is hereby created the Tuition and Fee Waiver Task
12Force. The Task Force shall consist of the following members:
13        (1) 2 members appointed by the President of the Senate;
14        (2) 2 members appointed by the Speaker of the House of
15    Representatives;
16        (3) one member appointed by the Minority Leader of the
17    Senate; and
18        (4) one member appointed by the Minority Leader of the
19    House of Representatives.
20    The President and Speaker shall designate one member each
21to serve as co-chairpersons of the Task Force. Members must be
22adults and residents of this State. The individual or his or
23her successor who appointed a member may remove that appointed
24member before the expiration of his or her term on the Task
25Force for official misconduct, incompetence, or neglect of
26duty. Members shall serve without compensation, but may be



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1reimbursed for expenses. Appointments must be made within 60
2calendar days after the effective date of this amendatory Act
3of the 97th General Assembly.
4    (c) The purpose of the Tuition and Fee Waiver Task Force is
5to conduct a thorough review and evaluation of the tuition and
6fee waiver programs offered by the public institutions of
7higher education listed in subsection (a) of this Section, as
8well as the findings and recommendations made by the Board
9concerning these programs pursuant to subsection (a) of this
10Section. The Task Force shall also thoroughly review and
11evaluate tuition and fee waiver programs offered by public
12institutions of higher education not listed in subsection (a)
13of this Section.
14    The Task Force shall review and evaluate each of the
15tuition and fee waiver programs offered by public institutions
16of higher education and determine the propriety of each such
17program. As part of its review and evaluation, the Task Force
18shall, among other things, consider the following:
19        (1) the institution's justification of the need for the
20    program;
21        (2) the program's intended purposes and goals;
22        (3) the program's eligibility and selection criteria;
23        (4) the program's costs;
24        (5) the purported benefits resulting from the program;
25    and
26        (6) whether the program serves the public interest or



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1    advances a private interest.
2    (d) The Board shall provide administrative support to the
3Tuition and Fee Waiver Task Force. The Task Force shall conduct
4meetings and public hearings before filing any report mandated
5under this subsection (d). At the public hearings, the Task
6Force shall allow interested persons to present their views and
7comments. The Task Force shall submit a report setting forth
8its review and evaluation of the tuition and fee waiver
9programs offered by public institutions of higher education on
10or before April 15, 2013 to the Governor, the General Assembly,
11and the Board. Upon filing its reports, the Task Force is
13(Source: P.A. 92-51, eff. 1-1-02.)
14    Section 99. Effective date. This Act takes effect upon
15becoming law.".