Full Text of SB1565 99th General Assembly
SB1565sam001 99TH GENERAL ASSEMBLY | Sen. William E. Brady Filed: 3/18/2015
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| 1 | | AMENDMENT TO SENATE BILL 1565
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1565 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The University of Illinois Act is amended by | 5 | | adding Section 0.05 as follows: | 6 | | (110 ILCS 305/0.05 new) | 7 | | Sec. 0.05. Transition to nonpublic university. | 8 | | (a) Beginning on July 1, 2015, the University of Illinois | 9 | | shall transition into a nonpublic institution of higher | 10 | | education. The Board of Trustees of the University of Illinois | 11 | | shall develop and implement a 6-year plan for this transition. | 12 | | This plan shall include all of the following: | 13 | | (1) A date upon which the University shall be deemed to | 14 | | be a nonpublic institution of higher education. | 15 | | (2) The appointment, by the Board of Trustees, of a | 16 | | governing board to oversee the nonpublic university. |
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| 1 | | (3) A determination of all books, records, funds, and | 2 | | other property of any kind or nature belonging or in any | 3 | | way appertaining to the University that this State shall be | 4 | | required to transfer to the University. | 5 | | (4) How employees, along with their health care, | 6 | | retirement, and all other benefits, as well as any | 7 | | collective bargaining agreements, are to be addressed. | 8 | | (5) Recommendations concerning the changes to | 9 | | statutory law needed to effectuate and reflect this | 10 | | transition. | 11 | | A copy of this plan shall be filed with the General | 12 | | Assembly as provided in Section 3.1 of the General Assembly | 13 | | Organization Act. | 14 | | (b) On the date selected by the Board of Trustees under | 15 | | subdivision (1) of subsection (a) of this Section, all of the | 16 | | following shall apply: | 17 | | (1) The Board of Trustees is abolished and the terms of | 18 | | all members end, and all of the powers, duties, assets, | 19 | | liabilities, employees, contracts, property, records, | 20 | | pending business, and unexpended appropriations of the | 21 | | Board of Trustees shall be transferred to the governing | 22 | | board appointed under subdivision (2) of subsection (a) of | 23 | | this Section. | 24 | | (2) All rules, standards, policies, and procedures of | 25 | | the University shall continue in effect until they are | 26 | | modified or abolished by the governing board appointed |
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| 1 | | under subdivision (2) of subsection (a) of this Section. | 2 | | (3) The authority of the Board of Higher Education over | 3 | | public institutions of higher education does not include | 4 | | authority over the University. | 5 | | (4) All references in statutes and rules to the | 6 | | University as a State university, a public university, or | 7 | | an institution of higher education funded or supported by | 8 | | this State shall be deemed to not refer to the University, | 9 | | and all references to private or nonpublic institutions of | 10 | | higher education in statutes and rules shall be deemed to | 11 | | refer to the University. | 12 | | (5) All books, records, funds, and other property of | 13 | | any kind or nature belonging or in any way appertaining to | 14 | | the University are the property of the University, and this | 15 | | State shall be deemed to have no ownership interest. | 16 | | Section 10. The Southern Illinois University Management | 17 | | Act is amended by adding Section 1.5 as follows: | 18 | | (110 ILCS 520/1.5 new) | 19 | | Sec. 1.5. Transition to nonpublic university. | 20 | | (a) Beginning on July 1, 2015, Southern Illinois University | 21 | | shall transition into a nonpublic institution of higher | 22 | | education. The Board of Trustees of Southern Illinois | 23 | | University shall develop and implement a 6-year plan for this | 24 | | transition. This plan shall include all of the following: |
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| 1 | | (1) A date upon which the University shall be deemed to | 2 | | be a nonpublic institution of higher education. | 3 | | (2) The appointment, by the Board of Trustees, of a | 4 | | governing board to oversee the nonpublic university. | 5 | | (3) A determination of all books, records, funds, and | 6 | | other property of any kind or nature belonging or in any | 7 | | way appertaining to the University that this State shall be | 8 | | required to transfer to the University. | 9 | | (4) How employees, along with their health care, | 10 | | retirement, and all other benefits, as well as any | 11 | | collective bargaining agreements, are to be addressed. | 12 | | (5) Recommendations concerning the changes to | 13 | | statutory law needed to effectuate and reflect this | 14 | | transition. | 15 | | A copy of this plan shall be filed with the General | 16 | | Assembly as provided in Section 3.1 of the General Assembly | 17 | | Organization Act. | 18 | | (b) On the date selected by the Board of Trustees under | 19 | | subdivision (1) of subsection (a) of this Section, all of the | 20 | | following shall apply: | 21 | | (1) The Board of Trustees is abolished and the terms of | 22 | | all members end, and all of the powers, duties, assets, | 23 | | liabilities, employees, contracts, property, records, | 24 | | pending business, and unexpended appropriations of the | 25 | | Board of Trustees shall be transferred to the governing | 26 | | board appointed under subdivision (2) of subsection (a) of |
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| 1 | | this Section. | 2 | | (2) All rules, standards, policies, and procedures of | 3 | | the University shall continue in effect until they are | 4 | | modified or abolished by the governing board appointed | 5 | | under subdivision (2) of subsection (a) of this Section. | 6 | | (3) The authority of the Board of Higher Education over | 7 | | public institutions of higher education does not include | 8 | | authority over the University. | 9 | | (4) All references in statutes and rules to the | 10 | | University as a State university, a public university, or | 11 | | an institution of higher education funded or supported by | 12 | | this State shall be deemed to not refer to the University, | 13 | | and all references to private or nonpublic institutions of | 14 | | higher education in statutes and rules shall be deemed to | 15 | | refer to the University. | 16 | | (5) All books, records, funds, and other property of | 17 | | any kind or nature belonging or in any way appertaining to | 18 | | the University are the property of the University, and this | 19 | | State shall be deemed to have no ownership interest. | 20 | | Section 15. The Chicago State University Law is amended by | 21 | | adding Section 5-3 as follows: | 22 | | (110 ILCS 660/5-3 new) | 23 | | Sec. 5-3. Transition to nonpublic university. | 24 | | (a) Beginning on July 1, 2015, Chicago State University |
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| 1 | | shall transition into a nonpublic institution of higher | 2 | | education. The Board of Trustees of Chicago State University | 3 | | shall develop and implement a 6-year plan for this transition. | 4 | | This plan shall include all of the following: | 5 | | (1) A date upon which the University shall be deemed to | 6 | | be a nonpublic institution of higher education. | 7 | | (2) The appointment, by the Board of Trustees, of a | 8 | | governing board to oversee the nonpublic university. | 9 | | (3) A determination of all books, records, funds, and | 10 | | other property of any kind or nature belonging or in any | 11 | | way appertaining to the University that this State shall be | 12 | | required to transfer to the University. | 13 | | (4) How employees, along with their health care, | 14 | | retirement, and all other benefits, as well as any | 15 | | collective bargaining agreements, are to be addressed. | 16 | | (5) Recommendations concerning the changes to | 17 | | statutory law needed to effectuate and reflect this | 18 | | transition. | 19 | | A copy of this plan shall be filed with the General | 20 | | Assembly as provided in Section 3.1 of the General Assembly | 21 | | Organization Act. | 22 | | (b) On the date selected by the Board of Trustees under | 23 | | subdivision (1) of subsection (a) of this Section, all of the | 24 | | following shall apply: | 25 | | (1) The Board of Trustees is abolished and the terms of | 26 | | all members end, and all of the powers, duties, assets, |
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| 1 | | liabilities, employees, contracts, property, records, | 2 | | pending business, and unexpended appropriations of the | 3 | | Board of Trustees shall be transferred to the governing | 4 | | board appointed under subdivision (2) of subsection (a) of | 5 | | this Section. | 6 | | (2) All rules, standards, policies, and procedures of | 7 | | the University shall continue in effect until they are | 8 | | modified or abolished by the governing board appointed | 9 | | under subdivision (2) of subsection (a) of this Section. | 10 | | (3) The authority of the Board of Higher Education over | 11 | | public institutions of higher education does not include | 12 | | authority over the University. | 13 | | (4) All references in statutes and rules to the | 14 | | University as a State university, a public university, or | 15 | | an institution of higher education funded or supported by | 16 | | this State shall be deemed to not refer to the University, | 17 | | and all references to private or nonpublic institutions of | 18 | | higher education in statutes and rules shall be deemed to | 19 | | refer to the University. | 20 | | (5) All books, records, funds, and other property of | 21 | | any kind or nature belonging or in any way appertaining to | 22 | | the University are the property of the University, and this | 23 | | State shall be deemed to have no ownership interest. | 24 | | Section 20. The Eastern Illinois University Law is amended | 25 | | by adding Section 10-3 as follows: |
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| 1 | | (110 ILCS 665/10-3 new) | 2 | | Sec. 10-3. Transition to nonpublic university. | 3 | | (a) Beginning on July 1, 2015, Eastern Illinois University | 4 | | shall transition into a nonpublic institution of higher | 5 | | education. The Board of Trustees of Eastern Illinois University | 6 | | shall develop and implement a 6-year plan for this transition. | 7 | | This plan shall include all of the following: | 8 | | (1) A date upon which the University shall be deemed to | 9 | | be a nonpublic institution of higher education. | 10 | | (2) The appointment, by the Board of Trustees, of a | 11 | | governing board to oversee the nonpublic university. | 12 | | (3) A determination of all books, records, funds, and | 13 | | other property of any kind or nature belonging or in any | 14 | | way appertaining to the University that this State shall be | 15 | | required to transfer to the University. | 16 | | (4) How employees, along with their health care, | 17 | | retirement, and all other benefits, as well as any | 18 | | collective bargaining agreements, are to be addressed. | 19 | | (5) Recommendations concerning the changes to | 20 | | statutory law needed to effectuate and reflect this | 21 | | transition. | 22 | | A copy of this plan shall be filed with the General | 23 | | Assembly as provided in Section 3.1 of the General Assembly | 24 | | Organization Act. | 25 | | (b) On the date selected by the Board of Trustees under |
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| 1 | | subdivision (1) of subsection (a) of this Section, all of the | 2 | | following shall apply: | 3 | | (1) The Board of Trustees is abolished and the terms of | 4 | | all members end, and all of the powers, duties, assets, | 5 | | liabilities, employees, contracts, property, records, | 6 | | pending business, and unexpended appropriations of the | 7 | | Board of Trustees shall be transferred to the governing | 8 | | board appointed under subdivision (2) of subsection (a) of | 9 | | this Section. | 10 | | (2) All rules, standards, policies, and procedures of | 11 | | the University shall continue in effect until they are | 12 | | modified or abolished by the governing board appointed | 13 | | under subdivision (2) of subsection (a) of this Section. | 14 | | (3) The authority of the Board of Higher Education over | 15 | | public institutions of higher education does not include | 16 | | authority over the University. | 17 | | (4) All references in statutes and rules to the | 18 | | University as a State university, a public university, or | 19 | | an institution of higher education funded or supported by | 20 | | this State shall be deemed to not refer to the University, | 21 | | and all references to private or nonpublic institutions of | 22 | | higher education in statutes and rules shall be deemed to | 23 | | refer to the University. | 24 | | (5) All books, records, funds, and other property of | 25 | | any kind or nature belonging or in any way appertaining to | 26 | | the University are the property of the University, and this |
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| 1 | | State shall be deemed to have no ownership interest. | 2 | | Section 25. The Governors State University Law is amended | 3 | | by adding Section 15-3 as follows: | 4 | | (110 ILCS 670/15-3 new) | 5 | | Sec. 15-3. Transition to nonpublic university. | 6 | | (a) Beginning on July 1, 2015, Governors State University | 7 | | shall transition into a nonpublic institution of higher | 8 | | education. The Board of Trustees of Governors State University | 9 | | shall develop and implement a 6-year plan for this transition. | 10 | | This plan shall include all of the following: | 11 | | (1) A date upon which the University shall be deemed to | 12 | | be a nonpublic institution of higher education. | 13 | | (2) The appointment, by the Board of Trustees, of a | 14 | | governing board to oversee the nonpublic university. | 15 | | (3) A determination of all books, records, funds, and | 16 | | other property of any kind or nature belonging or in any | 17 | | way appertaining to the University that this State shall be | 18 | | required to transfer to the University. | 19 | | (4) How employees, along with their health care, | 20 | | retirement, and all other benefits, as well as any | 21 | | collective bargaining agreements, are to be addressed. | 22 | | (5) Recommendations concerning the changes to | 23 | | statutory law needed to effectuate and reflect this | 24 | | transition. |
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| 1 | | A copy of this plan shall be filed with the General | 2 | | Assembly as provided in Section 3.1 of the General Assembly | 3 | | Organization Act. | 4 | | (b) On the date selected by the Board of Trustees under | 5 | | subdivision (1) of subsection (a) of this Section, all of the | 6 | | following shall apply: | 7 | | (1) The Board of Trustees is abolished and the terms of | 8 | | all members end, and all of the powers, duties, assets, | 9 | | liabilities, employees, contracts, property, records, | 10 | | pending business, and unexpended appropriations of the | 11 | | Board of Trustees shall be transferred to the governing | 12 | | board appointed under subdivision (2) of subsection (a) of | 13 | | this Section. | 14 | | (2) All rules, standards, policies, and procedures of | 15 | | the University shall continue in effect until they are | 16 | | modified or abolished by the governing board appointed | 17 | | under subdivision (2) of subsection (a) of this Section. | 18 | | (3) The authority of the Board of Higher Education over | 19 | | public institutions of higher education does not include | 20 | | authority over the University. | 21 | | (4) All references in statutes and rules to the | 22 | | University as a State university, a public university, or | 23 | | an institution of higher education funded or supported by | 24 | | this State shall be deemed to not refer to the University, | 25 | | and all references to private or nonpublic institutions of | 26 | | higher education in statutes and rules shall be deemed to |
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| 1 | | refer to the University. | 2 | | (5) All books, records, funds, and other property of | 3 | | any kind or nature belonging or in any way appertaining to | 4 | | the University are the property of the University, and this | 5 | | State shall be deemed to have no ownership interest. | 6 | | Section 30. The Illinois State University Law is amended by | 7 | | adding Section 20-3 as follows: | 8 | | (110 ILCS 675/20-3 new) | 9 | | Sec. 20-3. Transition to nonpublic university. | 10 | | (a) Beginning on July 1, 2015, Illinois State University | 11 | | shall transition into a nonpublic institution of higher | 12 | | education. The Board of Trustees of Illinois State University | 13 | | shall develop and implement a 6-year plan for this transition. | 14 | | This plan shall include all of the following: | 15 | | (1) A date upon which the University shall be deemed to | 16 | | be a nonpublic institution of higher education. | 17 | | (2) The appointment, by the Board of Trustees, of a | 18 | | governing board to oversee the nonpublic university. | 19 | | (3) A determination of all books, records, funds, and | 20 | | other property of any kind or nature belonging or in any | 21 | | way appertaining to the University that this State shall be | 22 | | required to transfer to the University. | 23 | | (4) How employees, along with their health care, | 24 | | retirement, and all other benefits, as well as any |
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| 1 | | collective bargaining agreements, are to be addressed. | 2 | | (5) Recommendations concerning the changes to | 3 | | statutory law needed to effectuate and reflect this | 4 | | transition. | 5 | | A copy of this plan shall be filed with the General | 6 | | Assembly as provided in Section 3.1 of the General Assembly | 7 | | Organization Act. | 8 | | (b) On the date selected by the Board of Trustees under | 9 | | subdivision (1) of subsection (a) of this Section, all of the | 10 | | following shall apply: | 11 | | (1) The Board of Trustees is abolished and the terms of | 12 | | all members end, and all of the powers, duties, assets, | 13 | | liabilities, employees, contracts, property, records, | 14 | | pending business, and unexpended appropriations of the | 15 | | Board of Trustees shall be transferred to the governing | 16 | | board appointed under subdivision (2) of subsection (a) of | 17 | | this Section. | 18 | | (2) All rules, standards, policies, and procedures of | 19 | | the University shall continue in effect until they are | 20 | | modified or abolished by the governing board appointed | 21 | | under subdivision (2) of subsection (a) of this Section. | 22 | | (3) The authority of the Board of Higher Education over | 23 | | public institutions of higher education does not include | 24 | | authority over the University. | 25 | | (4) All references in statutes and rules to the | 26 | | University as a State university, a public university, or |
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| 1 | | an institution of higher education funded or supported by | 2 | | this State shall be deemed to not refer to the University, | 3 | | and all references to private or nonpublic institutions of | 4 | | higher education in statutes and rules shall be deemed to | 5 | | refer to the University. | 6 | | (5) All books, records, funds, and other property of | 7 | | any kind or nature belonging or in any way appertaining to | 8 | | the University are the property of the University, and this | 9 | | State shall be deemed to have no ownership interest. | 10 | | Section 35. The Northeastern Illinois University Law is | 11 | | amended by adding Section 25-3 as follows: | 12 | | (110 ILCS 680/25-3 new) | 13 | | Sec. 25-3. Transition to nonpublic university. | 14 | | (a) Beginning on July 1, 2015, Northeastern Illinois | 15 | | University shall transition into a nonpublic institution of | 16 | | higher education. The Board of Trustees of Northeastern | 17 | | Illinois University shall develop and implement a 6-year plan | 18 | | for this transition. This plan shall include all of the | 19 | | following: | 20 | | (1) A date upon which the University shall be deemed to | 21 | | be a nonpublic institution of higher education. | 22 | | (2) The appointment, by the Board of Trustees, of a | 23 | | governing board to oversee the nonpublic university. | 24 | | (3) A determination of all books, records, funds, and |
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| 1 | | other property of any kind or nature belonging or in any | 2 | | way appertaining to the University that this State shall be | 3 | | required to transfer to the University. | 4 | | (4) How employees, along with their health care, | 5 | | retirement, and all other benefits, as well as any | 6 | | collective bargaining agreements, are to be addressed. | 7 | | (5) Recommendations concerning the changes to | 8 | | statutory law needed to effectuate and reflect this | 9 | | transition. | 10 | | A copy of this plan shall be filed with the General | 11 | | Assembly as provided in Section 3.1 of the General Assembly | 12 | | Organization Act. | 13 | | (b) On the date selected by the Board of Trustees under | 14 | | subdivision (1) of subsection (a) of this Section, all of the | 15 | | following shall apply: | 16 | | (1) The Board of Trustees is abolished and the terms of | 17 | | all members end, and all of the powers, duties, assets, | 18 | | liabilities, employees, contracts, property, records, | 19 | | pending business, and unexpended appropriations of the | 20 | | Board of Trustees shall be transferred to the governing | 21 | | board appointed under subdivision (2) of subsection (a) of | 22 | | this Section. | 23 | | (2) All rules, standards, policies, and procedures of | 24 | | the University shall continue in effect until they are | 25 | | modified or abolished by the governing board appointed | 26 | | under subdivision (2) of subsection (a) of this Section. |
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| 1 | | (3) The authority of the Board of Higher Education over | 2 | | public institutions of higher education does not include | 3 | | authority over the University. | 4 | | (4) All references in statutes and rules to the | 5 | | University as a State university, a public university, or | 6 | | an institution of higher education funded or supported by | 7 | | this State shall be deemed to not refer to the University, | 8 | | and all references to private or nonpublic institutions of | 9 | | higher education in statutes and rules shall be deemed to | 10 | | refer to the University. | 11 | | (5) All books, records, funds, and other property of | 12 | | any kind or nature belonging or in any way appertaining to | 13 | | the University are the property of the University, and this | 14 | | State shall be deemed to have no ownership interest. | 15 | | Section 40. The Northern Illinois University Law is amended | 16 | | by adding Section 30-3 as follows: | 17 | | (110 ILCS 685/30-3 new) | 18 | | Sec. 30-3. Transition to nonpublic university. | 19 | | (a) Beginning on July 1, 2015, Northern Illinois University | 20 | | shall transition into a nonpublic institution of higher | 21 | | education. The Board of Trustees of Northern Illinois | 22 | | University shall develop and implement a 6-year plan for this | 23 | | transition. This plan shall include all of the following: | 24 | | (1) A date upon which the University shall be deemed to |
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| 1 | | be a nonpublic institution of higher education. | 2 | | (2) The appointment, by the Board of Trustees, of a | 3 | | governing board to oversee the nonpublic university. | 4 | | (3) A determination of all books, records, funds, and | 5 | | other property of any kind or nature belonging or in any | 6 | | way appertaining to the University that this State shall be | 7 | | required to transfer to the University. | 8 | | (4) How employees, along with their health care, | 9 | | retirement, and all other benefits, as well as any | 10 | | collective bargaining agreements, are to be addressed. | 11 | | (5) Recommendations concerning the changes to | 12 | | statutory law needed to effectuate and reflect this | 13 | | transition. | 14 | | A copy of this plan shall be filed with the General | 15 | | Assembly as provided in Section 3.1 of the General Assembly | 16 | | Organization Act. | 17 | | (b) On the date selected by the Board of Trustees under | 18 | | subdivision (1) of subsection (a) of this Section, all of the | 19 | | following shall apply: | 20 | | (1) The Board of Trustees is abolished and the terms of | 21 | | all members end, and all of the powers, duties, assets, | 22 | | liabilities, employees, contracts, property, records, | 23 | | pending business, and unexpended appropriations of the | 24 | | Board of Trustees shall be transferred to the governing | 25 | | board appointed under subdivision (2) of subsection (a) of | 26 | | this Section. |
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| 1 | | (2) All rules, standards, policies, and procedures of | 2 | | the University shall continue in effect until they are | 3 | | modified or abolished by the governing board appointed | 4 | | under subdivision (2) of subsection (a) of this Section. | 5 | | (3) The authority of the Board of Higher Education over | 6 | | public institutions of higher education does not include | 7 | | authority over the University. | 8 | | (4) All references in statutes and rules to the | 9 | | University as a State university, a public university, or | 10 | | an institution of higher education funded or supported by | 11 | | this State shall be deemed to not refer to the University, | 12 | | and all references to private or nonpublic institutions of | 13 | | higher education in statutes and rules shall be deemed to | 14 | | refer to the University. | 15 | | (5) All books, records, funds, and other property of | 16 | | any kind or nature belonging or in any way appertaining to | 17 | | the University are the property of the University, and this | 18 | | State shall be deemed to have no ownership interest. | 19 | | Section 45. The Western Illinois University Law is amended | 20 | | by adding Section 35-3 as follows: | 21 | | (110 ILCS 690/35-3 new) | 22 | | Sec. 35-3. Transition to nonpublic university. | 23 | | (a) Beginning on July 1, 2015, Western Illinois University | 24 | | shall transition into a nonpublic institution of higher |
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| 1 | | education. The Board of Trustees of Western Illinois University | 2 | | shall develop and implement a 6-year plan for this transition. | 3 | | This plan shall include all of the following: | 4 | | (1) A date upon which the University shall be deemed to | 5 | | be a nonpublic institution of higher education. | 6 | | (2) The appointment, by the Board of Trustees, of a | 7 | | governing board to oversee the nonpublic university. | 8 | | (3) A determination of all books, records, funds, and | 9 | | other property of any kind or nature belonging or in any | 10 | | way appertaining to the University that this State shall be | 11 | | required to transfer to the University. | 12 | | (4) How employees, along with their health care, | 13 | | retirement, and all other benefits, as well as any | 14 | | collective bargaining agreements, are to be addressed. | 15 | | (5) Recommendations concerning the changes to | 16 | | statutory law needed to effectuate and reflect this | 17 | | transition. | 18 | | A copy of this plan shall be filed with the General | 19 | | Assembly as provided in Section 3.1 of the General Assembly | 20 | | Organization Act. | 21 | | (b) On the date selected by the Board of Trustees under | 22 | | subdivision (1) of subsection (a) of this Section, all of the | 23 | | following shall apply: | 24 | | (1) The Board of Trustees is abolished and the terms of | 25 | | all members end, and all of the powers, duties, assets, | 26 | | liabilities, employees, contracts, property, records, |
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| 1 | | pending business, and unexpended appropriations of the | 2 | | Board of Trustees shall be transferred to the governing | 3 | | board appointed under subdivision (2) of subsection (a) of | 4 | | this Section. | 5 | | (2) All rules, standards, policies, and procedures of | 6 | | the University shall continue in effect until they are | 7 | | modified or abolished by the governing board appointed | 8 | | under subdivision (2) of subsection (a) of this Section. | 9 | | (3) The authority of the Board of Higher Education over | 10 | | public institutions of higher education does not include | 11 | | authority over the University. | 12 | | (4) All references in statutes and rules to the | 13 | | University as a State university, a public university, or | 14 | | an institution of higher education funded or supported by | 15 | | this State shall be deemed to not refer to the University, | 16 | | and all references to private or nonpublic institutions of | 17 | | higher education in statutes and rules shall be deemed to | 18 | | refer to the University. | 19 | | (5) All books, records, funds, and other property of | 20 | | any kind or nature belonging or in any way appertaining to | 21 | | the University are the property of the University, and this | 22 | | State shall be deemed to have no ownership interest. | 23 | | Section 50. The Higher Education Student Assistance Act is | 24 | | amended by adding Section 65.90 as follows: |
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| 1 | | (110 ILCS 947/65.90 new) | 2 | | Sec. 65.90. Illinois Grant Program. | 3 | | (a) Beginning with the 2015-2016 academic year, the | 4 | | Commission shall, each year, consider applications for grant | 5 | | assistance under this Section. An applicant is eligible for a | 6 | | grant under this Section if the Commission finds that the | 7 | | applicant meets all of the following qualifications: | 8 | | (1) He or she is a United States citizen or eligible | 9 | | noncitizen. | 10 | | (2) He or she is a resident of this State or, if a | 11 | | dependent for income tax purposes, the parent whose | 12 | | information is used on the Free Application for Federal | 13 | | Student Aid is a resident of this State. State residency | 14 | | shall be determined by the filing of a State income tax | 15 | | return. | 16 | | (3) If a male, he has complied with federal Selective | 17 | | Service registration requirements. | 18 | | (4) He or she has not been incarcerated. | 19 | | (5) He or she is enrolled, for at least 15 credit | 20 | | hours, in an institution of higher learning and has not | 21 | | earned a bachelor's degree yet. A grant recipient must | 22 | | submit proof to the Commission each semester that he or she | 23 | | is still enrolled in the institution of higher learning. | 24 | | (6) He or she demonstrates financial need, as | 25 | | determined by the Commission. | 26 | | (7) He or she maintains satisfactory academic |
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| 1 | | progress, as determined by the institution. | 2 | | (8) He or she is not in default on any educational loan | 3 | | or does not owe a refund on any State or federal | 4 | | educational grant. | 5 | | (b) Each year the Commission shall award grants under this | 6 | | Section among applicants qualified pursuant to subsection (a) | 7 | | of this Section. The Commission shall receive funding for the | 8 | | grants through appropriations. The amount to be appropriated | 9 | | for the grant program for the 2021 fiscal year and each fiscal | 10 | | year thereafter shall equal the total amount appropriated to | 11 | | State universities from the General Revenue Fund for the 2015 | 12 | | fiscal year, with the amount appropriated for the grant program | 13 | | for the 2016 fiscal year through the 2020 fiscal year being | 14 | | equal to a percentage of the total amount appropriated to State | 15 | | universities from the General Revenue Fund for the 2015 fiscal | 16 | | year, with that percentage increasing each of those fiscal | 17 | | years until the amount appropriated for the grant program for | 18 | | the 2021 fiscal year equals 100% of the total amount | 19 | | appropriated to State universities from the General Revenue | 20 | | Fund for the 2015 fiscal year. No amounts may be appropriated | 21 | | to State universities from the General Revenue Fund beginning | 22 | | with the 2021 fiscal year, with the amount appropriated to | 23 | | State universities from the General Revenue Fund for the 2016 | 24 | | fiscal year through the 2020 fiscal year being reduced in an | 25 | | amount at least equal to the amount being appropriated for the | 26 | | grant program for that particular fiscal year. The amount of |
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| 1 | | each grant shall equal the amount appropriated for the grant | 2 | | program for a given fiscal year divided by the number of | 3 | | applicants who qualify for a grant. | 4 | | (c) The total amount of grant assistance awarded by the | 5 | | Commission under this Section to an individual in any given | 6 | | fiscal year, when added to other financial assistance awarded | 7 | | to that individual for that year, shall not exceed the cost of | 8 | | attendance at the institution at which the student is enrolled. | 9 | | (d) Payment of any grant under this Section shall be | 10 | | determined by the Commission. All grant funds distributed in | 11 | | accordance with this Section shall be paid to the institution | 12 | | on behalf of the recipients. Grant funds are applicable toward | 13 | | tuition for 2 semesters or 3 quarters of enrollment within an | 14 | | academic year. | 15 | | (e) Prior to receiving grant assistance for any academic | 16 | | year, each recipient of a grant under this Section shall be | 17 | | required by the Commission to sign an agreement under which the | 18 | | recipient agrees to the following terms: | 19 | | (1) If a grant recipient graduates from an institution | 20 | | in 4 years or less, he or she must repay one-half of the | 21 | | total amount of grants received under this Section. | 22 | | (2) If a grant recipient does not graduate from an | 23 | | institution in 4 years or less, he or she must repay the | 24 | | total amount of grants received under this Section | 25 | | immediately over a 10-year period, with interest equal to | 26 | | the prime commercial rate of interest as from time to time |
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| 1 | | is publicly announced by the largest commercial banking | 2 | | institution located in this State measured in terms of | 3 | | total assets, but in no event may the amount he or she is | 4 | | required to repay each year exceed 6% of his or her annual | 5 | | income. However, if the grant recipient graduates from an | 6 | | institution within that 10-year period, the Commission | 7 | | shall forgive one-half of the total amount of grants | 8 | | received under this Section and adjust the amount he or she | 9 | | must repay. | 10 | | (3) If the grant recipient resides in this State | 11 | | immediately following graduation from an institution, the | 12 | | Commission shall forgive, for each year of residency, | 13 | | one-eighth of the remaining grant amount owed. | 14 | | Each recipient shall, upon request of the Commission, | 15 | | provide the Commission with evidence that he or she is | 16 | | fulfilling or has fulfilled the terms of the agreement provided | 17 | | for in this subsection (e). | 18 | | The Commission is authorized to establish rules relating to | 19 | | its collection activities for repayment of grants under this | 20 | | Section, including the imposition of reasonable collection | 21 | | fees. | 22 | | (f) A recipient of a grant under this Section is not in | 23 | | violation of the agreement entered into pursuant to subsection | 24 | | (e) of this Section if the recipient (i) is serving as a member | 25 | | of the armed services of the United States; (ii) is enrolled in | 26 | | a graduate program following graduation from an institution; |
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| 1 | | (iii) is temporarily totally disabled, as established by sworn | 2 | | affidavit of a qualified physician; or (iii) cannot fulfill the | 3 | | obligation due to his or her death, disability, or | 4 | | incompetency, as established by sworn affidavit of a qualified | 5 | | physician. No claim for repayment may be filed against the | 6 | | estate of such a decedent or incompetent. Any extension of the | 7 | | period during which the obligation must be fulfilled is subject | 8 | | to limitations of duration as established by the Commission. | 9 | | (h) The Commission shall administer the grant program | 10 | | established by this Section and shall make all necessary and | 11 | | proper rules not inconsistent with this Section for its | 12 | | effective implementation.
| 13 | | Section 99. Effective date. This Act takes effect upon | 14 | | becoming law.".
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