093_HB3274enr

 
HB3274 Enrolled                      LRB093 07365 NHT 07527 b

 1        AN ACT concerning education.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.   The  School  Code  is  amended  by  changing
 5    Sections 30-9, 30-10, 30-11, and 30-12.5 as follows:

 6        (105 ILCS 5/30-9) (from Ch. 122, par. 30-9)
 7        Sec.  30-9.  General  Assembly scholarship; conditions of
 8    admission; award by competitive examination.
 9        Each member of the General Assembly may nominate annually
10    2 persons of school age  and  otherwise  eligible,  from  his
11    district; each one shall receive a certificate of scholarship
12    in  the  University of Illinois and the other shall receive a
13    certificate of  scholarship  in  any  other  State  supported
14    university  designated  by  the  member.  Any  member  of the
15    General Assembly in making nominations under this Section may
16    designate that his nominee be granted a 4 year scholarship or
17    may instead designate 2 or 4  nominees  for  that  particular
18    scholarship,  each  to  receive  a  2  year  or  a  one  year
19    scholarship,  respectively.  The  nominee, if a graduate of a
20    school accredited by the University to which nominated, shall
21    be admitted to the university on the same  conditions  as  to
22    educational   qualifications   as   are  other  graduates  of
23    accredited schools. If the nominee is not  a  graduate  of  a
24    school  accredited  by  the university to which nominated, he
25    must,  before  being  entitled  to  the   benefits   of   the
26    scholarship,  pass an examination given by the superintendent
27    of schools of the county where he resides at the time  stated
28    in   Section   30-7  for  the  competitive  examination.  The
29    president  of  each  university  shall  prescribe  the  rules
30    governing the examination for scholarship to his university.
31        A  member  of  the  General  Assembly   may   award   the
 
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 1    scholarship  by  competitive examination conducted under like
 2    rules as prescribed in Section 30-7 even though one  or  more
 3    of  the applicants are graduates of schools accredited by the
 4    university.
 5        A member of the General  Assembly  may  delegate  to  the
 6    Illinois  Student  Assistance  Commission  the  authority  to
 7    nominate persons for General Assembly scholarships which that
 8    member  would  otherwise  be entitled to award, or may direct
 9    the Commission to evaluate and make  recommendations  to  the
10    member  concerning  candidates  for such scholarships. In the
11    event a member delegates his nominating authority or  directs
12    the   Commission   to   evaluate   and  make  recommendations
13    concerning candidates for General Assembly scholarships,  the
14    member shall inform the Commission in writing of the criteria
15    which  he  wishes  the  Commission  to apply in nominating or
16    recommending candidates. Those criteria may include  some  or
17    all  of  the  criteria  provided  in Section 25 of the Higher
18    Education Student Assistance Act. A delegation  of  authority
19    under  this  paragraph  may  be  revoked  at  any time by the
20    member.
21        Failure of a member of the General  Assembly  to  make  a
22    nomination  in  any  year shall not cause that scholarship to
23    lapse,  but  the  member  may  make  a  nomination  for  such
24    scholarship at any time thereafter before the  expiration  of
25    his  term,  and  the person so nominated shall be entitled to
26    the same benefits as holders of other  scholarships  provided
27    herein.  Any  such scholarship for which a member has made no
28    nomination prior to the expiration of the term for  which  he
29    was elected shall lapse upon the expiration of that term.
30    (Source: P.A. 87-997.)

31        (105 ILCS 5/30-10) (from Ch. 122, par. 30-10)
32        Sec.  30-10.  Filing  nominations-Failure  to  accept  or
33    pass-Second nomination.
 
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 1        Nominations,  under  Section  30-9,  showing the name and
 2    address of the nominee, and  the  term  of  the  scholarship,
 3    whether  4 years, 2 years or one year, must be filed with the
 4    State Superintendent of Education if the scholarship is in  a
 5    university other than the University of Illinois, or with the
 6    president of the University of Illinois if the scholarship is
 7    in  such  university,  not  later than the opening day of the
 8    semester or term with which  the  scholarship  is  to  become
 9    effective.   The  State  Superintendent  of  Education  shall
10    forthwith notify the president of the university  other  than
11    the University of Illinois of such nomination.
12        If  the  nominee  fails  to accept the nomination or, not
13    being a graduate of a school accredited  by  the  university,
14    fails to pass the examination for admission, the president of
15    the  university shall at once notify the State Superintendent
16    of Education if the university is other than  the  University
17    of  Illinois.  Upon  receiving  such  notification, the State
18    Superintendent  of  Education  shall  notify  the  nominating
19    member, who may name another person for the  scholarship.  In
20    the case of a scholarship in the University of Illinois, such
21    notification  shall  be given by the president thereof to the
22    nominating member. The second nomination must be received  by
23    the  State  Superintendent  of  Education or president of the
24    University of Illinois, as the case may be,  not  later  than
25    the middle of the semester or term with which the scholarship
26    was to have become effective under the original nomination in
27    order  to  become  effective  as  of the opening date of such
28    semester or term otherwise  it  shall  not  become  effective
29    until  the  beginning  of the next semester or term following
30    the making of the  second  nomination.  Upon  receiving  such
31    notification,  the  State  Superintendent  of Education shall
32    notify  the  president  of  the  university  of  such  second
33    nomination. If any person nominated after the effective  date
34    of  this amendatory Act of 1973 to receive a General Assembly
 
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 1    scholarship changes his residence to a  location  outside  of
 2    the  district  from  which  he  was nominated, his nominating
 3    member may terminate that scholarship at  the  conclusion  of
 4    the  college  year in which he is then enrolled. For purposes
 5    of this paragraph, a  person  changes  his  residence  if  he
 6    registers  to vote in a location outside of the district from
 7    which he was nominated, but does  not  change  his  residence
 8    merely   by   taking   off-campus  housing  or  living  in  a
 9    nonuniversity residence.
10    (Source: P.A. 80-278.)

11        (105 ILCS 5/30-11) (from Ch. 122, par. 30-11)
12        Sec.  30-11.   Failure  to  use  scholarship  -   Further
13    nominations.  If  any  nominee  under  Section  30-9 or 30-10
14    discontinues his course of instruction or fails  to  use  the
15    scholarship,  leaving 1, 2, 3, or 4 years thereof unused, the
16    member of the  General  Assembly  may,  except  as  otherwise
17    provided in this Article, nominate some other person eligible
18    under this Article from his district who shall be entitled to
19    the  scholarship  for  the  unexpired  period  thereof.  Such
20    appointment  to  an unexpired scholarship vacated before July
21    1, 1961, may be made  only  by  the  member  of  the  General
22    Assembly  who  made  the  original appointment and during the
23    time he is such a member. If a scholarship is vacated  on  or
24    after  July  1,  1961, and the member of the General Assembly
25    who made the original appointment has ceased to be a  member,
26    some eligible person may be nominated in the following manner
27    to  fill the vacancy: If the original appointment was made by
28    a Senator, such nomination shall be made by the Senator  from
29    the  same district; if the original appointment was made by a
30    Representative,  such  nomination  shall  be  made   by   the
31    Representative  from  the  same district. Every nomination to
32    fill a vacancy must be accompanied either by a release of the
33    original nominee or if he is dead then an affidavit  to  that
 
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 1    effect  by some competent person. The failure of a nominee to
 2    register at the university within 20 days after  the  opening
 3    of  any  semester or term shall be deemed a release by him of
 4    the nomination, unless he has been granted a leave of absence
 5    in accordance with Section 30-14 or unless his absence is  by
 6    reason  of  his entry into the military service of the United
 7    States.  The  university,  other  than  the   University   of
 8    Illinois,  shall  immediately  upon the expiration of 20 days
 9    after the beginning of the semester or term notify the  State
10    Board  of Education as to the status of each scholarship, who
11    shall forthwith notify the nominating member of any nominee's
12    failure to register or, if the nominating member  has  ceased
13    to  be  a  member  of  the General Assembly, shall notify the
14    member or members entitled to make the nomination to fill the
15    vacancy. In the case of a scholarship in  the  University  of
16    Illinois,  such  notification of vacancy shall be made by the
17    president thereof to the nominating member or  his  successor
18    as  above  provided.  All  nominations to unused or unexpired
19    scholarships shall be effective as  of  the  opening  of  the
20    semester or term of the university during which they are made
21    if  they  are filed with the university during the first half
22    of  the  semester  or  term,  otherwise  they  shall  not  be
23    effective until the opening of the next following semester or
24    term.
25    (Source: P.A. 82-1003.)

26        (105 ILCS 5/30-12.5)
27        Sec. 30-12.5.  Waiver of confidentiality.
28        (a)  As a condition of nomination for a General  Assembly
29    scholarship under Section 30-9, 30-10, or 30-11, each nominee
30    shall  provide  to  the member of the General Assembly making
31    the   nomination   a   waiver    document    stating    that,
32    notwithstanding  any provision of law to the contrary, if the
33    nominee receives a General  Assembly  scholarship,  then  the
 
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 1    nominee  waives all rights to confidentiality with respect to
 2    the contents of the waiver  document.   The  waiver  document
 3    shall  state  at  a  minimum  the  nominee's  name,  domicile
 4    address,  attending  university,  degree program in which the
 5    nominee  is  enrolled,  amount  of  tuition  waived  by   the
 6    legislative  scholarship  and  the  name of the member of the
 7    General Assembly who is making  the  nomination.  The  waiver
 8    document  shall also contain a statement by the nominee that,
 9    at  the  time  of  the   nomination   for   the   legislative
10    scholarship,  the  domicile  of  the  nominee  is  within the
11    legislative district of the legislator making the scholarship
12    nomination.  The  waiver  document  must  be  signed  by  the
13    nominee, and the nominee shall have his or her  signature  on
14    the waiver document acknowledged before a notary public.  The
15    member  of  the  General Assembly making the nomination shall
16    file the signed, notarized waiver document, together with the
17    nomination itself, with the State Superintendent of Education
18    or the president of the University of Illinois as provided in
19    Section 30-10. By so filing the waiver document,  the  member
20    waives  all his or her rights to confidentiality with respect
21    to the contents of the waiver document.
22        (b)  The legislative scholarship of any nominee shall  be
23    revoked  upon a determination by the State Board of Education
24    after a hearing that the nominee knowingly provided false  or
25    misleading   information   on  the  waiver  document.    Upon
26    revocation of the legislative  scholarship,  the  scholarship
27    nominee shall reimburse the university for the full amount of
28    any tuition waived prior to revocation of the scholarship.
29        (c)  The  Illinois  Student  Assistance  Commission shall
30    prepare a form waiver document to  be  used  as  provided  in
31    subsection  (a)  and  shall  provide  copies of the form upon
32    request.
33    (Source: P.A. 89-681, eff. 12-13-96.)
 
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 1        Section 99.  Effective date.  This Act takes effect  upon
 2    becoming law.