Full Text of HB1079 97th General Assembly
HB1079ham001 97TH GENERAL ASSEMBLY | Rep. Chapin Rose Filed: 3/25/2011
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| 1 | | AMENDMENT TO HOUSE BILL 1079
| 2 | | AMENDMENT NO. ______. Amend House Bill 1079 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The State Property Control Act is amended by | 5 | | changing Section 6.04 as follows:
| 6 | | (30 ILCS 605/6.04) (from Ch. 127, par. 133b9.4)
| 7 | | Sec. 6.04.
Annually, and upon at least 30 days notice, the | 8 | | administrator
may require each responsible officer to make, or | 9 | | cause to be made, an
actual physical inventory check of all | 10 | | items of property under his
jurisdiction and control and said | 11 | | inventory shall be certified to the
administrator with a full | 12 | | accounting of all errors or exceptions reported
therein. With | 13 | | respect to public universities, the Department of Central | 14 | | Management Services may require a listing of equipment items | 15 | | only for those items valued in excess of $2,000.
| 16 | | (Source: Laws 1955, p. 34.)
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| 1 | | Section 10. The Board of Higher Education Act is amended by | 2 | | changing Section 7 as follows:
| 3 | | (110 ILCS 205/7) (from Ch. 144, par. 187)
| 4 | | Sec. 7.
The Board of Trustees of the University of | 5 | | Illinois, the Board of
Trustees of Southern Illinois | 6 | | University,
the Board of Trustees of Chicago State University, | 7 | | the Board of Trustees of
Eastern Illinois University, the Board | 8 | | of Trustees of Governors State
University, the Board of | 9 | | Trustees of Illinois State University, the Board of
Trustees of | 10 | | Northeastern Illinois University, the Board of Trustees of | 11 | | Northern
Illinois University, the Board of Trustees of Western | 12 | | Illinois University,
the Illinois Community College Board and | 13 | | the campuses under their governance
or supervision shall not | 14 | | hereafter undertake the establishment of any new
unit of | 15 | | instruction, research or public service without the approval of | 16 | | the
Board. The term "new unit of instruction, research or | 17 | | public service"
includes the establishment of a college, | 18 | | school, division, institute,
department or other unit in any | 19 | | field of instruction, research or public
service not | 20 | | theretofore included in the program of the institution, and
| 21 | | includes the establishment of any new branch or campus. The | 22 | | term does not
include reasonable and moderate extensions of | 23 | | existing curricula, research,
or public service programs which | 24 | | have a direct relationship to existing
programs; and the Board |
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| 1 | | may, under its rule making power, define the
character of such | 2 | | reasonable and moderate extensions.
| 3 | | Such governing boards shall submit to the Board all | 4 | | proposals for a new
unit of instruction, research, or public | 5 | | service. The Board may approve or
disapprove the proposal in | 6 | | whole or in part or approve modifications
thereof whenever in | 7 | | its judgment such action is consistent with the
objectives of | 8 | | an existing or proposed master plan of higher education.
| 9 | | The Board of Higher Education is authorized to review | 10 | | periodically all
existing programs of instruction, research | 11 | | and public service at the State state
universities and colleges | 12 | | and to advise the appropriate board of control if
the | 13 | | contribution of each program is not educationally and | 14 | | economically
justified. Each State university shall report | 15 | | annually to the Board on programs of instruction, research, or | 16 | | public service that have been terminated, dissolved, reduced, | 17 | | or consolidated by the university. Each university shall also | 18 | | report to the Board all programs of instruction, research, or | 19 | | public service that exhibit a trend of low performance in | 20 | | enrollments and degree completions and high expense per degree. | 21 | | The Board shall compile a report annually that shall contain | 22 | | information on new programs created, existing programs that | 23 | | have been closed or consolidated, and programs that exhibit low | 24 | | performance or productivity, and this report shall be submitted | 25 | | to the General Assembly. The Board shall have the authority to | 26 | | define relevant terms and timelines by rule.
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| 1 | | (Source: P.A. 89-4, eff. 1-1-96.)
| 2 | | Section 15. The University of Illinois Act is amended by | 3 | | adding Section 80 as follows: | 4 | | (110 ILCS 305/80 new) | 5 | | Sec. 80. Unfunded mandates prohibited. | 6 | | (a) The University shall not be
obligated to comply with | 7 | | the following types of mandates unless
a separate appropriation | 8 | | has been enacted into law providing
full funding for the | 9 | | mandate for the academic year during which
the mandate is | 10 | | required: | 11 | | (1) Any mandate in this Act enacted after the
effective | 12 | | date of this amendatory Act of the 97th General
Assembly. | 13 | | (2) Any regulatory mandate promulgated by the Board of | 14 | | Higher Education and adopted by rule after the effective
| 15 | | date of this amendatory Act of the 97th General Assembly
| 16 | | other than those promulgated with respect to this Section
| 17 | | or statutes already enacted on or before the effective date
| 18 | | of this amendatory Act of the 97th General Assembly. | 19 | | (b) If the amount appropriated to fund a mandate described
| 20 | | in subsection (a) of this Section does not fully fund the | 21 | | mandated activity, then the University
may choose to | 22 | | discontinue or modify the mandated activity to
ensure that the | 23 | | costs of compliance do not exceed the funding
received. | 24 | | (c) If the University discontinues or
modifies a mandated |
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| 1 | | activity due to lack of full funding from
this State, then the | 2 | | University shall
annually maintain and update a list of | 3 | | discontinued or modified
mandated activities. The list shall be | 4 | | provided to the Board of Higher Education upon request. | 5 | | Section 20. The Southern Illinois University Management | 6 | | Act is amended by adding Section 65 as follows: | 7 | | (110 ILCS 520/65 new) | 8 | | Sec. 65. Unfunded mandates prohibited. | 9 | | (a) The University shall not be
obligated to comply with | 10 | | the following types of mandates unless
a separate appropriation | 11 | | has been enacted into law providing
full funding for the | 12 | | mandate for the academic year during which
the mandate is | 13 | | required: | 14 | | (1) Any mandate in this Act enacted after the
effective | 15 | | date of this amendatory Act of the 97th General
Assembly. | 16 | | (2) Any regulatory mandate promulgated by the Board of | 17 | | Higher Education and adopted by rule after the effective
| 18 | | date of this amendatory Act of the 97th General Assembly
| 19 | | other than those promulgated with respect to this Section
| 20 | | or statutes already enacted on or before the effective date
| 21 | | of this amendatory Act of the 97th General Assembly. | 22 | | (b) If the amount appropriated to fund a mandate described
| 23 | | in subsection (a) of this Section does not fully fund the | 24 | | mandated activity, then the University
may choose to |
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| 1 | | discontinue or modify the mandated activity to
ensure that the | 2 | | costs of compliance do not exceed the funding
received. | 3 | | (c) If the University discontinues or
modifies a mandated | 4 | | activity due to lack of full funding from
this State, then the | 5 | | University shall
annually maintain and update a list of | 6 | | discontinued or modified
mandated activities. The list shall be | 7 | | provided to the Board of Higher Education upon request. | 8 | | Section 25. The Chicago State University Law is amended by | 9 | | adding Section 5-175 as follows: | 10 | | (110 ILCS 660/5-175 new) | 11 | | Sec. 5-175. Unfunded mandates prohibited. | 12 | | (a) The University shall not be
obligated to comply with | 13 | | the following types of mandates unless
a separate appropriation | 14 | | has been enacted into law providing
full funding for the | 15 | | mandate for the academic year during which
the mandate is | 16 | | required: | 17 | | (1) Any mandate in this Act enacted after the
effective | 18 | | date of this amendatory Act of the 97th General
Assembly. | 19 | | (2) Any regulatory mandate promulgated by the Board of | 20 | | Higher Education and adopted by rule after the effective
| 21 | | date of this amendatory Act of the 97th General Assembly
| 22 | | other than those promulgated with respect to this Section
| 23 | | or statutes already enacted on or before the effective date
| 24 | | of this amendatory Act of the 97th General Assembly. |
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| 1 | | (b) If the amount appropriated to fund a mandate described
| 2 | | in subsection (a) of this Section does not fully fund the | 3 | | mandated activity, then the University
may choose to | 4 | | discontinue or modify the mandated activity to
ensure that the | 5 | | costs of compliance do not exceed the funding
received. | 6 | | (c) If the University discontinues or
modifies a mandated | 7 | | activity due to lack of full funding from
this State, then the | 8 | | University shall
annually maintain and update a list of | 9 | | discontinued or modified
mandated activities. The list shall be | 10 | | provided to the Board of Higher Education upon request. | 11 | | Section 30. The Eastern Illinois University Law is amended | 12 | | by adding Section 10-175 as follows: | 13 | | (110 ILCS 665/10-175 new) | 14 | | Sec. 10-175. Unfunded mandates prohibited. | 15 | | (a) The University shall not be
obligated to comply with | 16 | | the following types of mandates unless
a separate appropriation | 17 | | has been enacted into law providing
full funding for the | 18 | | mandate for the academic year during which
the mandate is | 19 | | required: | 20 | | (1) Any mandate in this Act enacted after the
effective | 21 | | date of this amendatory Act of the 97th General
Assembly. | 22 | | (2) Any regulatory mandate promulgated by the Board of | 23 | | Higher Education and adopted by rule after the effective
| 24 | | date of this amendatory Act of the 97th General Assembly
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| 1 | | other than those promulgated with respect to this Section
| 2 | | or statutes already enacted on or before the effective date
| 3 | | of this amendatory Act of the 97th General Assembly. | 4 | | (b) If the amount appropriated to fund a mandate described
| 5 | | in subsection (a) of this Section does not fully fund the | 6 | | mandated activity, then the University
may choose to | 7 | | discontinue or modify the mandated activity to
ensure that the | 8 | | costs of compliance do not exceed the funding
received. | 9 | | (c) If the University discontinues or
modifies a mandated | 10 | | activity due to lack of full funding from
this State, then the | 11 | | University shall
annually maintain and update a list of | 12 | | discontinued or modified
mandated activities. The list shall be | 13 | | provided to the Board of Higher Education upon request. | 14 | | Section 35. The Governors State University Law is amended | 15 | | by adding Section 15-175 as follows: | 16 | | (110 ILCS 670/15-175 new) | 17 | | Sec. 15-175. Unfunded mandates prohibited. | 18 | | (a) The University shall not be
obligated to comply with | 19 | | the following types of mandates unless
a separate appropriation | 20 | | has been enacted into law providing
full funding for the | 21 | | mandate for the academic year during which
the mandate is | 22 | | required: | 23 | | (1) Any mandate in this Act enacted after the
effective | 24 | | date of this amendatory Act of the 97th General
Assembly. |
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| 1 | | (2) Any regulatory mandate promulgated by the Board of | 2 | | Higher Education and adopted by rule after the effective
| 3 | | date of this amendatory Act of the 97th General Assembly
| 4 | | other than those promulgated with respect to this Section
| 5 | | or statutes already enacted on or before the effective date
| 6 | | of this amendatory Act of the 97th General Assembly. | 7 | | (b) If the amount appropriated to fund a mandate described
| 8 | | in subsection (a) of this Section does not fully fund the | 9 | | mandated activity, then the University
may choose to | 10 | | discontinue or modify the mandated activity to
ensure that the | 11 | | costs of compliance do not exceed the funding
received. | 12 | | (c) If the University discontinues or
modifies a mandated | 13 | | activity due to lack of full funding from
this State, then the | 14 | | University shall
annually maintain and update a list of | 15 | | discontinued or modified
mandated activities. The list shall be | 16 | | provided to the Board of Higher Education upon request. | 17 | | Section 40. The Illinois State University Law is amended by | 18 | | adding Section 20-180 as follows: | 19 | | (110 ILCS 675/20-180 new) | 20 | | Sec. 20-180. Unfunded mandates prohibited. | 21 | | (a) The University shall not be
obligated to comply with | 22 | | the following types of mandates unless
a separate appropriation | 23 | | has been enacted into law providing
full funding for the | 24 | | mandate for the academic year during which
the mandate is |
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| 1 | | required: | 2 | | (1) Any mandate in this Act enacted after the
effective | 3 | | date of this amendatory Act of the 97th General
Assembly. | 4 | | (2) Any regulatory mandate promulgated by the Board of | 5 | | Higher Education and adopted by rule after the effective
| 6 | | date of this amendatory Act of the 97th General Assembly
| 7 | | other than those promulgated with respect to this Section
| 8 | | or statutes already enacted on or before the effective date
| 9 | | of this amendatory Act of the 97th General Assembly. | 10 | | (b) If the amount appropriated to fund a mandate described
| 11 | | in subsection (a) of this Section does not fully fund the | 12 | | mandated activity, then the University
may choose to | 13 | | discontinue or modify the mandated activity to
ensure that the | 14 | | costs of compliance do not exceed the funding
received. | 15 | | (c) If the University discontinues or
modifies a mandated | 16 | | activity due to lack of full funding from
this State, then the | 17 | | University shall
annually maintain and update a list of | 18 | | discontinued or modified
mandated activities. The list shall be | 19 | | provided to the Board of Higher Education upon request. | 20 | | Section 45. The Northeastern Illinois University Law is | 21 | | amended by adding Section 25-175 as follows: | 22 | | (110 ILCS 680/25-175 new) | 23 | | Sec. 25-175. Unfunded mandates prohibited. | 24 | | (a) The University shall not be
obligated to comply with |
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| 1 | | the following types of mandates unless
a separate appropriation | 2 | | has been enacted into law providing
full funding for the | 3 | | mandate for the academic year during which
the mandate is | 4 | | required: | 5 | | (1) Any mandate in this Act enacted after the
effective | 6 | | date of this amendatory Act of the 97th General
Assembly. | 7 | | (2) Any regulatory mandate promulgated by the Board of | 8 | | Higher Education and adopted by rule after the effective
| 9 | | date of this amendatory Act of the 97th General Assembly
| 10 | | other than those promulgated with respect to this Section
| 11 | | or statutes already enacted on or before the effective date
| 12 | | of this amendatory Act of the 97th General Assembly. | 13 | | (b) If the amount appropriated to fund a mandate described
| 14 | | in subsection (a) of this Section does not fully fund the | 15 | | mandated activity, then the University
may choose to | 16 | | discontinue or modify the mandated activity to
ensure that the | 17 | | costs of compliance do not exceed the funding
received. | 18 | | (c) If the University discontinues or
modifies a mandated | 19 | | activity due to lack of full funding from
this State, then the | 20 | | University shall
annually maintain and update a list of | 21 | | discontinued or modified
mandated activities. The list shall be | 22 | | provided to the Board of Higher Education upon request. | 23 | | Section 50. The Northern Illinois University Law is amended | 24 | | by adding Section 30-185 as follows: |
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| 1 | | (110 ILCS 685/30-185 new) | 2 | | Sec. 30-185. Unfunded mandates prohibited. | 3 | | (a) The University shall not be
obligated to comply with | 4 | | the following types of mandates unless
a separate appropriation | 5 | | has been enacted into law providing
full funding for the | 6 | | mandate for the academic year during which
the mandate is | 7 | | required: | 8 | | (1) Any mandate in this Act enacted after the
effective | 9 | | date of this amendatory Act of the 97th General
Assembly. | 10 | | (2) Any regulatory mandate promulgated by the Board of | 11 | | Higher Education and adopted by rule after the effective
| 12 | | date of this amendatory Act of the 97th General Assembly
| 13 | | other than those promulgated with respect to this Section
| 14 | | or statutes already enacted on or before the effective date
| 15 | | of this amendatory Act of the 97th General Assembly. | 16 | | (b) If the amount appropriated to fund a mandate described
| 17 | | in subsection (a) of this Section does not fully fund the | 18 | | mandated activity, then the University
may choose to | 19 | | discontinue or modify the mandated activity to
ensure that the | 20 | | costs of compliance do not exceed the funding
received. | 21 | | (c) If the University discontinues or
modifies a mandated | 22 | | activity due to lack of full funding from
this State, then the | 23 | | University shall
annually maintain and update a list of | 24 | | discontinued or modified
mandated activities. The list shall be | 25 | | provided to the Board of Higher Education upon request. |
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| 1 | | Section 55. The Western Illinois University Law is amended | 2 | | by adding Section 35-180 as follows: | 3 | | (110 ILCS 690/35-180 new) | 4 | | Sec. 35-180. Unfunded mandates prohibited. | 5 | | (a) The University shall not be
obligated to comply with | 6 | | the following types of mandates unless
a separate appropriation | 7 | | has been enacted into law providing
full funding for the | 8 | | mandate for the academic year during which
the mandate is | 9 | | required: | 10 | | (1) Any mandate in this Act enacted after the
effective | 11 | | date of this amendatory Act of the 97th General
Assembly. | 12 | | (2) Any regulatory mandate promulgated by the Board of | 13 | | Higher Education and adopted by rule after the effective
| 14 | | date of this amendatory Act of the 97th General Assembly
| 15 | | other than those promulgated with respect to this Section
| 16 | | or statutes already enacted on or before the effective date
| 17 | | of this amendatory Act of the 97th General Assembly. | 18 | | (b) If the amount appropriated to fund a mandate described
| 19 | | in subsection (a) of this Section does not fully fund the | 20 | | mandated activity, then the University
may choose to | 21 | | discontinue or modify the mandated activity to
ensure that the | 22 | | costs of compliance do not exceed the funding
received. | 23 | | (c) If the University discontinues or
modifies a mandated | 24 | | activity due to lack of full funding from
this State, then the | 25 | | University shall
annually maintain and update a list of |
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| 1 | | discontinued or modified
mandated activities. The list shall be | 2 | | provided to the Board of Higher Education upon request.
| 3 | | Section 99. Effective date. This Act takes effect upon | 4 | | becoming law.".
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