HB4652 94TH GENERAL ASSEMBLY

LRB094 17815 AMC 53116 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB4652

Introduced 01/12/06, by Rep. Kevin A. McCarthy

SYNOPSIS AS INTRODUCED:

105 ILCS 5/30-15.25	from Ch. 122, par. 30-15.25
110 ILCS 210/1	from Ch. 144, par. 1331
110 ILCS 210/3	from Ch. 144, par. 1333

Amends the Illinois Financial Assistance Act for Nonpublic Institutions of Higher Learning. Changes the short title to the Baccalaureate Completion Matching Grant Act (and makes conforming changes in the School Code). Makes changes concerning the calculation of the formulae and the conditions of institutional eligibility for the grants under the Act. Effective July 1, 2006.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

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 Section 30-15.25 as follows:

(105 ILCS 5/30-15.25) (from Ch. 122, par. 30-15.25)

Sec. 30-15.25. (a) As used in this Section, the term "public institution of higher education" includes: 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; Western Illinois University; the public community colleges of the State; and any other public universities, colleges and community colleges now or hereafter established or authorized by the General Assembly. The term "nonpublic institution of higher education" includes any educational organization in this State, other than a public institution of higher education, which provides a minimum of an organized 2 year program at the private junior college level or higher and which operates not-for-profit and in conformity with standards substantially equivalent to those of public institutions of higher education.

(b) Each public institution of higher education shall disclose the terms, restrictions and requirements attached to or made a part of any endowment, gift, grant, contract award or property of any kind or value in excess of $100,000 made to such institution, or to any school, college, division, branch or other organizational entity within or forming a part of such institution, by a foreign government or an individual who is neither a citizen nor a resident of the United States, in any calendar or fiscal year. If the foreign government or individual donates more than one gift in any calendar or fiscal year, and the total value of those gifts exceeds $100,000, such institution shall report all the gifts received. This subsection shall not apply to funds that public institutions of higher education receive from grants and contracts through either the federal government or the State of Illinois.

(c) The provisions of this subsection apply to each nonpublic institution of higher education: (i) which receives any grant or award under the Illinois Financial Assistance Act for Nonpublic Institutions of Higher Learning, the Baccalaureate Completion Matching Grant Act, or under the Higher Education Cooperation Act, or (ii) which is a participant in a program of interinstitutional cooperation administered by a not-for-profit organization that is organized to administer such program under the Higher Education Cooperation Act and that receives any grant under and in furtherance of the purposes of that Act, or (iii) which receives any grant or distribution of grant moneys appropriated from the State Treasury or any fund therein to such institution or to the Board of Higher Education for distribution to nonpublic institutions of higher education for purposes of Section 4 of the Build Illinois Bond Act or for any other purpose authorized by law. Each nonpublic institution of higher education to which the provisions of this subsection apply shall disclose the terms, restrictions and requirements attached to or made a part of any endowment, gift, grant, contract award or property of any kind or value in excess of $250,000 made to such institution, or to any school, college, division, branch or other organizational entity within or forming a part of such institution, by a foreign government or an individual who is neither a citizen nor a resident of the United States, in any calendar or fiscal year. If the foreign government or individual donates more than one gift in any calendar or fiscal year, and the total value of those gifts exceeds $250,000, such institution shall report all the gifts received.

(d) Such information shall be forwarded to the Attorney General no later than 30 days after the final day of each calendar or fiscal year of such institution, whichever type of year is used by the institution in accounting for the gifts received for the purposes of this Section. The information shall include:

(1) the name of the foreign government in the case of a gift by a government, or the name of the foreign country of which an individual donor is a citizen, in the case of a gift by an individual;

(2) the amount and the date of the contribution or contributions;

(3) when the gift is conditional, matching or designated for a particular purpose, full details of the conditions, matching provisions or designation; and

(4) the purpose or purposes for which the contribution will be used.

Such information shall be a matter of public record.

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

Section 10. The Illinois Financial Assistance Act for Nonpublic Institutions of Higher Learning is amended by changing Sections 1 and 3 as follows:

(110 ILCS 210/1) (from Ch. 144, par. 1331)

Sec. 1. Short title. This Act shall be known and may be cited as the Baccalaureate Completion Matching Grant Act "Illinois Financial Assistance Act for Nonpublic Institutions of Higher Learning".

(Source: P.A. 77-273.)

(110 ILCS 210/3) (from Ch. 144, par. 1333)

Sec. 3. Grants.

(a) For the academic year beginning in 2002, institutional grants may be made for that and for each succeeding academic year through the academic year beginning in 2005 to each nonpublic institution of higher learning in an amount determined by allocating amounts for funding this Act among the eligible institutions in accordance with a formula or formulae based upon one or more of the following factors: the number of undergraduate degrees granted to students who are residents of the State of Illinois enrolled as students at each such institution; the number of full-time equivalent undergraduate students who are residents of the State of Illinois enrolled as students at each such institution; and the number of full-time equivalent of such students who are junior or senior students at such institutions. The Board of Higher Education shall establish formula allocations and adopt rules necessary for the administration of this Act.

Conditions of institutional eligibility for these grants shall include but need not be limited to the following:

(1) That the governing board of the institution possess its own sovereignty.

(2) That the governing board, or its delegated institutional officials, possess final authority in all matters of local control, including educational policy, choice of personnel, determination of program, and financial management.

(3) That the institution possess and maintain an open policy with respect to race, creed and color as to admission of students, appointment of faculty and employment of staff.

(4) That the institution be able to show its current financial stability and reasonable prospects for its future stability.

(5) That the institution not be operated for profit.

(6) That the institution provide a full financial report including a certified audit, and participate in the unit cost study and other studies conducted annually by the Board of Higher Education.

(7) If required by rule of the Board, that the institution submit to an additional annual external audit of its enrollment records and nonsectarian use of funds.

(b) For the academic year beginning in 2006, institutional grants may be made annually for that and for each succeeding academic year to each private not-for-profit institution of higher learning in an amount determined by allocating amounts for funding this Act among the eligible institutions in accordance with a formula or formulae based upon the number of undergraduate students who are residents of the State of Illinois enrolled as students at each such institution and the number of such students who have completed at least 48 credit hours. Students may remain eligible for the grant no longer than the equivalent of 6 full-time semesters. The Board of Higher Education shall establish formula allocations and adopt rules necessary for the administration of this Act. The goal of this grant program is to increase the number of graduates maintaining residency in the State of Illinois following degree completion.

Conditions of institutional eligibility for these grants shall include but need not be limited to the following:

(1) That the institution belong to a statewide organization of private institutions that will monitor compliance and collect data regarding the effectiveness of the grants.

(2) That the governing board of the institution, or its delegated institutional officials, possess final authority in all matters of local control, including educational policy, choice of personnel, determination of program, and financial management.

(3) That the institution possess and maintain an open policy with respect to race, creed, and color as to admission of students, appointment of faculty, and employment of staff.

(4) That the institution be able to show its current financial stability and reasonable prospects for its future stability.

(5) That the institution not be operated for profit.

(6) That the institution provide a full financial report, including a certified audit, and participate in the unit cost study and other studies conducted annually by the Board.

(7) If required by rule of the Board, that the institution submit to an additional annual external audit of its enrollment records and nonsectarian use of funds.

(8) That the institution match the State's grant for each student.

(9) That the grant appear on the student's tuition statement or bill.

(10) That the data designed to track the effectiveness of the grant and the institution's compliance be collected from participating institutions.

(11) The an institution may decline to participate in the program.

(Source: P.A. 92-45, eff. 7-1-02.)

Section 99. Effective date. This Act takes effect July 1, 2006.