Public Act 097-0772
 
HB3810 EnrolledLRB097 13322 RPM 57838 b

    AN ACT concerning education.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The School Code is amended by changing Sections
30-9, 30-10, 30-11, 30-12, 30-12.5, and 30-13 and by adding
Section 30-13.5 as follows:
 
    (105 ILCS 5/30-9)  (from Ch. 122, par. 30-9)
    Sec. 30-9. General Assembly scholarship; conditions of
admission; award by competitive examination.
    Each member of the General Assembly may nominate annually 2
persons of school age and otherwise eligible, from his
district; each shall receive a certificate of scholarship in
any State supported university designated by the member. Any
member of the General Assembly in making nominations under this
Section may designate that his nominee be granted a 4 year
scholarship or may instead designate 2 or 4 nominees for that
particular scholarship, each to receive a 2 year or a one year
scholarship, respectively. The nominee, if a graduate of a
school accredited by the University to which nominated, shall
be admitted to the university on the same conditions as to
educational qualifications as are other graduates of
accredited schools. If the nominee is not a graduate of a
school accredited by the university to which nominated, he
must, before being entitled to the benefits of the scholarship,
pass an examination given by the superintendent of schools of
the county where he resides at the time stated in Section 30-7
for the competitive examination. The president of each
university shall prescribe the rules governing the examination
for scholarship to his university.
    A member of the General Assembly may award the scholarship
by competitive examination conducted under like rules as
prescribed in Section 30-7 even though one or more of the
applicants are graduates of schools accredited by the
university.
    A member of the General Assembly may delegate to the
Illinois Student Assistance Commission the authority to
nominate persons for General Assembly scholarships which that
member would otherwise be entitled to award, or may direct the
Commission to evaluate and make recommendations to the member
concerning candidates for such scholarships. In the event a
member delegates his nominating authority or directs the
Commission to evaluate and make recommendations concerning
candidates for General Assembly scholarships, the member shall
inform the Commission in writing of the criteria which he
wishes the Commission to apply in nominating or recommending
candidates. Those criteria may include some or all of the
criteria provided in Section 25 of the Higher Education Student
Assistance Act. A delegation of authority under this paragraph
may be revoked at any time by the member.
    Failure of a member of the General Assembly to make a
nomination in any year shall not cause that scholarship to
lapse, but the member may make a nomination for such
scholarship at any time thereafter before the expiration of his
term, and the person so nominated shall be entitled to the same
benefits as holders of other scholarships provided herein. Any
such scholarship for which a member has made no nomination
prior to the expiration of the term for which he was elected
shall lapse upon the expiration of that term.
(Source: P.A. 93-349, eff. 7-24-03.)
 
    (105 ILCS 5/30-10)  (from Ch. 122, par. 30-10)
    Sec. 30-10. Filing nominations-Failure to accept or
pass-Second nomination.
    Nominations, under Section 30-9, showing the name and
address of the nominee, and the term of the scholarship,
whether 4 years, 2 years or one year, must be filed with the
State Superintendent of Education not later than the opening
day of the semester or term with which the scholarship is to
become effective. The State Superintendent of Education shall
forthwith notify the president of the university of such
nomination.
    If the nominee fails to accept the nomination or, not being
a graduate of a school accredited by the university, fails to
pass the examination for admission, the president of the
university shall at once notify the State Superintendent of
Education. Upon receiving such notification, the State
Superintendent of Education shall notify the nominating
member, who may name another person for the scholarship. The
second nomination must be received by the State Superintendent
of Education not later than the middle of the semester or term
with which the scholarship was to have become effective under
the original nomination in order to become effective as of the
opening date of such semester or term otherwise it shall not
become effective until the beginning of the next semester or
term following the making of the second nomination. Upon
receiving such notification, the State Superintendent of
Education shall notify the president of the university of such
second nomination. If any person nominated after the effective
date of this amendatory Act of 1973 to receive a General
Assembly scholarship changes his residence to a location
outside of the district from which he was nominated, his
nominating member may terminate that scholarship at the
conclusion of the college year in which he is then enrolled.
For purposes of this paragraph, a person changes his residence
if he registers to vote in a location outside of the district
from which he was nominated, but does not change his residence
merely by taking off-campus housing or living in a
nonuniversity residence.
(Source: P.A. 93-349, eff. 7-24-03.)
 
    (105 ILCS 5/30-11)  (from Ch. 122, par. 30-11)
    Sec. 30-11. Failure to use scholarship - Further
nominations. If any nominee under Section 30-9 or 30-10
discontinues his course of instruction or fails to use the
scholarship, leaving 1, 2, 3, or 4 years thereof unused, the
member of the General Assembly may, except as otherwise
provided in this Article, nominate some other person eligible
under this Article from his district who shall be entitled to
the scholarship for the unexpired period thereof. Such
appointment to an unexpired scholarship vacated before July 1,
1961, may be made only by the member of the General Assembly
who made the original appointment and during the time he is
such a member. If a scholarship is vacated on or after July 1,
1961, and the member of the General Assembly who made the
original appointment has ceased to be a member, some eligible
person may be nominated in the following manner to fill the
vacancy: If the original appointment was made by a Senator,
such nomination shall be made by the Senator from the same
district; if the original appointment was made by a
Representative, such nomination shall be made by the
Representative from the same district. Every nomination to fill
a vacancy must be accompanied either by a release of the
original nominee or if he is dead then an affidavit to that
effect by some competent person. The failure of a nominee to
register at the university within 20 days after the opening of
any semester or term shall be deemed a release by him of the
nomination, unless he has been granted a leave of absence in
accordance with Section 30-14 or unless his absence is by
reason of his entry into the military service of the United
States. The university shall immediately upon the expiration of
20 days after the beginning of the semester or term notify the
State Board of Education as to the status of each scholarship,
who shall forthwith notify the nominating member of any
nominee's failure to register or, if the nominating member has
ceased to be a member of the General Assembly, shall notify the
member or members entitled to make the nomination to fill the
vacancy. All nominations to unused or unexpired scholarships
shall be effective as of the opening of the semester or term of
the university during which they are made if they are filed
with the university during the first half of the semester or
term, otherwise they shall not be effective until the opening
of the next following semester or term.
(Source: P.A. 93-349, eff. 7-24-03.)
 
    (105 ILCS 5/30-12)  (from Ch. 122, par. 30-12)
    Sec. 30-12. Failure to begin or discontinuance of course
because of military service.
    Any nominee, under Sections 30--9, 30--10, or 30--11, who
fails to begin or discontinues his course of instruction
because of his entry into the military service of the United
States, leaving all or a portion of the scholarship unused,
may, upon completion of such service, use the scholarship or
the unused portion thereof, regardless of whether or not the
member of the General Assembly who nominated him is then a
member; provided that during the nominee's period of military
service no other person may be nominated by such member to all
or any portion of such unused or unfinished scholarship unless
the nomination is accompanied either by a release of the
original nominee or if he is dead then an affidavit to that
effect by some competent person.
(Source: Laws 1961, p. 31.)
 
    (105 ILCS 5/30-12.5)
    Sec. 30-12.5. Waiver of confidentiality.
    (a) As a condition of nomination for a General Assembly
scholarship under Section 30-9, 30-10, or 30-11, each nominee
shall provide to the member of the General Assembly making the
nomination a waiver document stating that, notwithstanding any
provision of law to the contrary, if the nominee receives a
General Assembly scholarship, then the nominee waives all
rights to confidentiality with respect to the contents of the
waiver document. The waiver document shall state at a minimum
the nominee's name, domicile address, attending university,
degree program in which the nominee is enrolled, amount of
tuition waived by the legislative scholarship and the name of
the member of the General Assembly who is making the
nomination. The waiver document shall also contain a statement
by the nominee that, at the time of the nomination for the
legislative scholarship, the domicile of the nominee is within
the legislative district of the legislator making the
scholarship nomination. The waiver document must be signed by
the nominee, and the nominee shall have his or her signature on
the waiver document acknowledged before a notary public. The
member of the General Assembly making the nomination shall file
the signed, notarized waiver document, together with the
nomination itself, with the State Superintendent of Education.
By so filing the waiver document, the member waives all his or
her rights to confidentiality with respect to the contents of
the waiver document.
    (b) The legislative scholarship of any nominee shall be
revoked upon a determination by the State Board of Education
after a hearing that the nominee knowingly provided false or
misleading information on the waiver document. Upon revocation
of the legislative scholarship, the scholarship nominee shall
reimburse the university for the full amount of any tuition
waived prior to revocation of the scholarship.
    (c) The Illinois Student Assistance Commission shall
prepare a form waiver document to be used as provided in
subsection (a) and shall provide copies of the form upon
request.
(Source: P.A. 93-349, eff. 7-24-03.)
 
    (105 ILCS 5/30-13)  (from Ch. 122, par. 30-13)
    Sec. 30-13. Use of scholarship at public university. The
scholarships issued under Sections 30-9 through 30-12 of this
Article may be used at the University of Illinois, Southern
Illinois University, Chicago State University, Eastern
Illinois University, Governors State University, Illinois
State University, Northeastern Illinois University, Northern
Illinois University, and Western Illinois University as
provided in those sections. Unless otherwise indicated, these
scholarships shall be good for a period of not more than 4
years while enrolled for residence credit and shall exempt the
holder from the payment of tuition, or any matriculation,
graduation, activity, term or incidental fee, except any
portion of a multipurpose fee which is used for a purpose for
which exemption is not granted under this Section. Exemption
shall not be granted from any other fees, including book
rental, service, laboratory, supply, union building, hospital
and medical insurance fees and any fees established for the
operation and maintenance of buildings, the income of which is
pledged to the payment of interest and principal on bonds
issued by the governing board of any university or community
college.
    Any student who has been or shall be awarded a scholarship
shall be reimbursed by the appropriate university or community
college for any fees which he has paid and for which exemption
is granted under this Section, if application for such
reimbursement is made within 2 months following the school term
for which the fees were paid.
    The holder of a scholarship shall be subject to all
examinations, rules and requirements of the university or
community college in which he is enrolled except as herein
directed.
    This article does not prohibit the Board of Trustees of the
University of Illinois, the Board of Trustees of Southern
Illinois University, the Board of Regents of the Regency
Universities System and the Board of Governors of State
Colleges and Universities for the institutions under their
respective jurisdictions from granting other scholarships.
(Source: P.A. 88-228; 89-4, eff. 1-1-96.)
 
    (105 ILCS 5/30-13.5 new)
    Sec. 30-13.5. General Assembly scholarship program
abolished. Before September 1, 2012, each member of the
General Assembly may nominate persons to receive a scholarship
or certificate of scholarship under Sections 30-9, 30-10,
30-11, 30-12, 30-12.5, and 30-13 of this Code as they existed
before the effective date of this amendatory Act of the 97th
General Assembly. A person nominated to receive or awarded such
a scholarship or certificate before September 1, 2012 is
entitled to the scholarship under the terms of Sections 30-9,
30-10, 30-11, 30-12, 30-12.5, and 30-13 of this Code as they
existed before the effective date of this amendatory Act of the
97th General Assembly and Section 30-14 of this Code.
 
    Section 10. The Board of Higher Education Act is amended by
changing Section 9.29 as follows:
 
    (110 ILCS 205/9.29)
    Sec. 9.29. Tuition and fee waiver report and task force.
    (a) The Board of Higher Education shall annually compile
information concerning tuition and fee waivers and tuition and
fee waiver programs that has been provided by the Boards of
Trustees of the University of Illinois, Southern Illinois
University, Chicago State University, Eastern Illinois
University, Governors State University, Illinois State
University, Northeastern Illinois University, Northern
Illinois University, and Western Illinois University and shall
report its findings and recommendations concerning tuition and
fee waivers and tuition and fee waiver programs to the General
Assembly by filing copies of its report by December 31 of each
year as provided in Section 3.1 of the General Assembly
Organization Act.
    (b) The General Assembly finds and declares (i) that the
Board of Higher Education reports that in Fiscal Year 2011
public institutions of higher education awarded tuition and fee
waivers totaling nearly $415 million; (ii) that 83.9% of these
waivers were discretionary in that they were awarded at the
discretion of each institution and valued at over $348 million;
(iii) that the remaining 16.1% of waivers were mandatory in
that institutions had to award the waivers by statute; and (iv)
that because of the significant cost of such waivers, it is
important to review, evaluate, and verify that these waivers
are in the public interest and impose a reasonable financial
impact upon higher education.
    There is hereby created the Tuition and Fee Waiver Task
Force. The Task Force shall consist of the following members:
        (1) 2 members appointed by the President of the Senate;
        (2) 2 members appointed by the Speaker of the House of
    Representatives;
        (3) 2 members appointed by the Minority Leader of the
    Senate; and
        (4) 2 members appointed by the Minority Leader of the
    House of Representatives.
    The President and Speaker shall designate one member each
to serve as co-chairpersons of the Task Force. Members must be
adults and residents of this State. The individual or his or
her successor who appointed a member may remove that appointed
member before the expiration of his or her term on the Task
Force for official misconduct, incompetence, or neglect of
duty. Members shall serve without compensation, but may be
reimbursed for expenses. Appointments must be made within 60
calendar days after the effective date of this amendatory Act
of the 97th General Assembly.
    (c) The purpose of the Tuition and Fee Waiver Task Force is
to conduct a thorough review and evaluation of the tuition and
fee waiver programs offered by the public institutions of
higher education listed in subsection (a) of this Section, as
well as the findings and recommendations made by the Board
concerning these programs pursuant to subsection (a) of this
Section. The Task Force shall also thoroughly review and
evaluate tuition and fee waiver programs offered by public
institutions of higher education not listed in subsection (a)
of this Section.
    The Task Force shall review and evaluate each of the
tuition and fee waiver programs offered by public institutions
of higher education and determine the propriety of each such
program. As part of its review and evaluation, the Task Force
shall, among other things, consider the following:
        (1) the institution's justification of the need for the
    program;
        (2) the program's intended purposes and goals;
        (3) the program's eligibility and selection criteria;
        (4) the program's costs;
        (5) the purported benefits resulting from the program;
    and
        (6) whether the program serves the public interest or
    advances a private interest.
    (d) The Board shall provide administrative support to the
Tuition and Fee Waiver Task Force. The Task Force shall conduct
meetings and public hearings before filing any report mandated
under this subsection (d). At the public hearings, the Task
Force shall allow interested persons to present their views and
comments. The Task Force shall submit a report setting forth
its review and evaluation of the tuition and fee waiver
programs offered by public institutions of higher education on
or before April 15, 2013 to the Governor, the General Assembly,
and the Board. Upon filing its reports, the Task Force is
dissolved.
(Source: P.A. 92-51, eff. 1-1-02.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.