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Public Act 093-0349


 

Public Act 93-0349 of the 93rd General Assembly


Public Act 93-0349

HB3274 Enrolled                      LRB093 07365 NHT 07527 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, and 30-12.5 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 one shall receive a certificate of scholarship
in the University of Illinois and the other shall  receive  a
certificate  of  scholarship  in  any  other  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. 87-997.)

    (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 if the scholarship is in a
university other than the University of Illinois, or with the
president of the University of Illinois if the scholarship is
in such university, 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 other than
the University of Illinois 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  if the university is other than the University
of Illinois. Upon  receiving  such  notification,  the  State
Superintendent  of  Education  shall  notify  the  nominating
member,  who  may name another person for the scholarship. In
the case of a scholarship in the University of Illinois, such
notification shall be given by the president thereof  to  the
nominating  member. The second nomination must be received by
the State Superintendent of Education  or  president  of  the
University  of  Illinois,  as the case may be, 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. 80-278.)

    (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,  other  than  the  University  of
Illinois, 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.  In  the  case of a scholarship in the University of
Illinois, such notification of vacancy shall be made  by  the
president  thereof  to the nominating member or his successor
as above provided. 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. 82-1003.)

    (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
or the president of the University of Illinois as provided in
Section  30-10.  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. 89-681, eff. 12-13-96.)
    Section  99.  Effective date.  This Act takes effect upon
becoming law.

Effective Date: 07/24/03